The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (10,000,000 won of fine) is too unhued and unreasonable.

2. Considering the fact that the defendant had a record of criminal punishment for multiple times due to driving without a drinking license, and in particular, the defendant committed the crime of this case during the suspension period of the execution after being sentenced to one year of suspended execution for six months due to a violation of the Road Traffic Act on November 23, 2015, there is a need for a strict punishment against the defendant.

However, in full view of all the circumstances that are the conditions for the sentencing of this case, including the Defendant’s age, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment is too unjustifiable and unreasonable, and thus, the Prosecutor’s aforementioned assertion is without merit.

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