The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. Determination of the facts that the Defendant was fined three times or more due to drinking driving, and the Defendant committed the instant crime without being involved in a repeated crime due to the crime of larceny and the violation of Road Traffic Act (non-licenseless driving), etc. is disadvantageous to the Defendant; however, the Defendant shows an attitude to recognize and reflect his/her mistake; the Defendant did not have any record of being sentenced to a fine due to driving of drinking; the alcohol content (0.065%) in blood is not high; and the distance of driving of the Defendant is relatively short; in full view of the circumstances favorable to the Defendant, such as the Defendant’s age, sexual behavior, environment, motive and background of the crime, and circumstances after the crime, etc., it is difficult to assess that the sentence of the lower court is unfair because it is too unreasonable.

Therefore, prosecutor's argument cannot be accepted.

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.