The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unfilled and unfair (the prosecutor expressed his opinion that the Defendant must be punished by imprisonment with prison labor for one year). 2. The lower court determined that the Defendant driven a vehicle under the influence of alcohol concentration of 0.059% while driving the vehicle, thereby under the influence of alcohol at the time of committing the crime.

Although the defendant was already punished five times due to drinking driving, there was no history of serving a sentence of imprisonment or more severe punishment, and the last punishment is about six years prior to around 2009.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, all of the sentencing conditions in the instant case, such as the circumstances after the crime, etc., it cannot be deemed unfair because the sentence imposed by the lower court is too uneasible.

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.