The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.

2. At the time of the instant judgment, the Defendant’s blood alcohol concentration is relatively high is disadvantageous to the Defendant.

On the other hand, although the defendant has been punished for the same crime, it is relatively old and has been punished for about nine years since the date of the crime of this case, and considering all the conditions of sentencing, such as the defendant's age, sex, environment, motive and circumstance of the crime and circumstances after the crime, the sentence of the court below is too unjustifiable and unreasonable.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.