The prosecutor's appeal is dismissed.

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. The crime of this case is deemed to have been committed by the Defendant upon receiving a report of occupational caution that the Defendant was under the influence of alcohol, and thus, the nature of the crime is not good. However, the Defendant led to the confession and reflect of the crime of this case, the Defendant appears to have been subject to multiple times to the police officers who suffered from the crime of this case, and the Defendant appears to have had no record of punishment for the same kind of crime, and all other circumstances, such as the circumstances leading to the crime of this case, the Defendant’s age, and the following circumstances, etc., which are the conditions for sentencing, shall be deemed to be too weak.

shall not be deemed to exist.

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.