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. On August 12, 2016, the Defendant was sentenced to three times of juvenile protective disposition due to driving without a license, etc. and two times of suspended execution, and the Defendant was sentenced to two years of suspended execution due to driving without a license from the Changwon District Court on April 12, 2016 and without being aware of the period of suspended execution. The Defendant was driving without a license for drinking and without a license. At the time of the instant case, the Defendant’s blood alcohol concentration was higher than 0.127%, and the driving distance was not shorter than the distance.

However, in full view of the following circumstances: (a) the fact that the Defendant recognized the crime; (b) the Defendant did not have any history of being punished for driving alcohol; (c) the Defendant is waiting for military service as an undergraduate student; and (d) the Defendant’s age, environment, sexual conduct, circumstances before and after the commission of the crime; and (c) other circumstances that are conditions for sentencing specified in the instant records and arguments, such as the circumstances before and after the commission of the crime, it is not recognized that the sentence imposed by the

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