The prosecutor's appeal is dismissed.

1. The sentence (3 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. Although the Defendant had been subject to punishment several times due to drinking driving, the fact that the Defendant driven the instant non-exclusive license is disadvantageous to the Defendant.

However, when comprehensively taking into account all the sentencing conditions indicated in the instant case, such as the circumstances favorable to the Defendant, such as the fact that the Defendant repents and reflects his mistake, the Defendant did not have any history of being punished in excess of the fine due to driving under the influence of alcohol, and there was no history of being punished due to driving without a license, etc., the Defendant’s age, sexual behavior, environment, and circumstances after the commission of the crime, the lower court’s punishment is too uneasible and unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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.