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. The Defendant was punished four times as a violation of traffic laws, such as drinking and non-licensed driving, etc., and the degree of criticism is high in that he/she committed the instant crime without being able to do so during the suspension of the execution of imprisonment due to a violation of traffic laws.

However, in full view of the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is too uneasible, and thus, is not recognized as unfair, in so doing.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.