The prosecutor's appeal is dismissed.

1. The sentence (6 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The Defendant’s finding that he driven the instant drinking during the period of repeated offense due to fraud is disadvantageous to the Defendant.

On the other hand, there are circumstances favorable to the defendant that the defendant committed the crime of this case after a considerable period of time has elapsed since he was punished for driving under drinking in 207 and 2008.

In addition, when comprehensively considering all the sentencing conditions indicated in the instant case, such as the Defendant’s age, sex, environment, motive for the commission of a crime, and circumstances after the commission of a crime, the lower court’s punishment is not deemed to be too uneasible and unfair.

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.