The prosecutor's appeal is dismissed.

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

2. In light of the circumstances favorable to the defendant, such as the fact that the defendant was punished for a fine due to the same kind of crime, the fact that the blood alcohol concentration of the defendant was considerably high at the time of the instant case, etc., but the defendant committed a crime against the defendant and did not repeat again, the fact that there is no particular criminal history other than the above fine, and the fact that there is no family member to support the defendant, etc., which are obvious social ties, such as the fact that there is a clear social ties, and the sentencing conditions indicated in the records, such as the defendant's occupation, age, sexual behavior, environment, family relation, it is difficult to view that the sentence of the

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.