The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. Determination: (a) the Defendant was under the influence of having been sentenced to a suspended sentence due to the violation of the Road Traffic Act (unlicensed Driving) by causing a traffic accident by drinking or unlicensed driving in 2012; (b) the Defendant again was sentenced to a suspended sentence in January 28, 2016 due to a traffic accident by drinking driving; and (c) the Defendant was sentenced to a suspended sentence in August 28, 2016 due to a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents; and (d) the Defendant committed the instant crime as long as the period of suspended execution has not elapsed since the said judgment became final and conclusive on February 5, 2016; (b) the Defendant committed the instant crime against the Defendant; (c) the Defendant recognized the instant crime; (d) the Defendant did not have any particular criminal history other than the history of punishment for the traffic-related crime; and (d) the Defendant’s age, sex, environment, motive, motive and consequence of the crime; and (e) the prosecutor’s assertion that the aforementioned sentencing is too unreasonable.

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.