The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable as the penalty (five million won of a fine) declared by the lower court is too unfilled.

2. The judgment that the defendant committed the crime of this case during the period of suspended execution due to violence is disadvantageous to the defendant, but it seems that the defendant did not have any same criminal record, and that the defendant raised his or her children from ten years ago, the defendant's children and his or her children wanted to have the defendant's wife and there was no traffic accident, human and material damage due to drinking driving of this case, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances before and after the crime, etc., the prosecutor's assertion is without merit, since the sentence imposed by the court below against the defendant is deemed unfair.

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