The prosecutor's appeal is dismissed.

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

2. However, the Defendant committed the instant crime during the suspension period of execution due to driving without a license for alcohol, and the alcohol concentration in the instant blood does not fall under 0.10%, and the Defendant has three times the history of punishment for driving without a license and four times the history of punishment for driving without a license.

However, the Defendant reflects the facts charged while recognizing the facts charged, and there is a circumstance that can be considered in the circumstances of drinking driving of the instant case (e.g., drinking prior to drinking driving).

In addition, comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is deemed as uneasible and unfair.

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