The prosecutor's appeal is dismissed.

1. The sentence (7 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. It is recognized that the Defendant committed the instant crime without being aware of the period of suspension of execution due to a special injury, as well as the fact that the Defendant had been sentenced to a fine and a punishment for suspension of execution on several occasions, and that he/she committed the instant crime without being aware of it for the same offense.

However, in light of the fact that the Defendant led to the confession of the crime in depth, and the distance of driving alcohol is about 100 meters, the drinking alcohol (0.069% in blood), and other sentencing conditions specified in the pleadings of this case, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime of this case, etc., the sentence of the lower court is too uneasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

3. As such, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (see, e.g., Supreme Court Decision 2009Da36444, May 9, 2015). However, among the judgment of the court below, “the 2015. May 9, 2015” of the 2014 Act is a clerical error, and it is apparent that the 70th of May 9, 2014, “Article 70 of the Criminal Act” of the 25(1) of the Regulations on Criminal Procedure was omitted by mistake, and thus, the correction is made ex officio pursuant to Article 2