The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 5,00,000) is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The Defendant had been punished three times due to drinking driving, but was also driving under the influence of drinking.

At the time of the instant case, the alcohol level of the Defendant’s blood was 0.141% higher.

On the other hand, it is favorable that there is no other criminal power except the above drinking driving record.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, Defendant’s age, sexual conduct, environment, and circumstances after the instant crime, and various sentencing conditions as shown in the records and arguments, the Prosecutor’s assertion is without merit, given that the lower court’s punishment is too uneasible and inappropriate.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.