The prosecutor's appeal is dismissed.

1. Considering the fact that the main point of the grounds of appeal is high drinking value of the defendant, the head of the police officer in uniformed by the defendant, etc., the punishment imposed by the court below (7 million won) is too uneased and unfair.

2. Comprehensively taking into account the following factors: (a) the Defendant was the primary offender; (b) the Defendant showed the attitude of recognizing and reflecting the instant crime; and (c) the Defendant’s age, character and character environment; (d) the motive means of committing the instant crime; and (e) the circumstances after committing the instant crime, etc., the sentencing guidelines shall not apply where the lower court selects the Defendant to impose a fine of KRW 7 million on the Defendant, even

The sentencing discretion was exceeded.

It is not recognized that it is unfair because it is too unfluent enough to be assessed.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.