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. Determination is recognized that the Defendant had had the history of punishment for multiple times due to drinking driving, and that the blood alcohol concentration at the time of the instant case is relatively high to 0.156%.

However, it is recognized that there are some circumstances to consider the circumstances leading to the instant crime, and that there are about 10 years interval between the Defendant’s last drinking crime and the instant crime.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unfeasible and unfair.

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.