The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (6 million won in penalty) is too unhued and unreasonable.

2. The judgment of the defendant committed the instant crime even though he/she had the record of punishment for driving under drinking in the past, and the fact that the blood alcohol concentration is high is disadvantageous.

On the other hand, the fact that the defendant recognizes and reflects his mistake, and that the defendant has no record of punishment exceeding the fine is favorable.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and motive for committing the crime, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.