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 has been subject to punishment nine times due to drinking, driving without a license (three times of suspension of execution, six times of fines), and in particular, the defendant was sentenced to a suspended sentence of six months due to drinking or driving without a license on January 25, 2017 and two years of a suspended sentence of imprisonment;

2.2. Considering the fact that the judgment became final and conclusive and is still in the period of suspension of execution, the Defendant is highly required to punish the instant crime by driving a vehicle while under the influence of alcohol level of 0.115% in the blood transfusion since two months have not passed thereafter.

However, the defendant recognized and reflected the crime of this case, and disposed of the vehicle that was driven at the time of this case and did not repeat the crime.

In full view of the following circumstances, it is reasonable to respect the sentencing conditions of the Defendant, including the Defendant’s age, environment, sexual conduct, motive for the crime, circumstances before and after the crime, etc., and other various circumstances that form the conditions for the sentencing specified in the records and arguments of this case, where the lower court’s punishment is somewhat minor, it cannot be deemed unfair to the extent that it should be reversed, even if the lower court’s punishment is somewhat minor, even if it is somewhat minor.

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.