The prosecutor's appeal is dismissed.

1. The sentence (10 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unfased and unreasonable.

2. Determination is recognized that the Defendant received a summary order of KRW 1 million due to a violation of the Road Traffic Act in 2013, and was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act in 2014, and there was a record of being sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act in 2014, and the blood alcohol concentration of KRW 0.142% for a high numerical value.

However, considering the following factors: (a) the Defendant’s mistake is deeply divided; (b) there is no particular criminal history other than punishment due to driving under the influence of alcohol, etc.; and (c) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime; and (d) all of the sentencing conditions specified in the argument in the instant case, such as the circumstances after the instant crime, the lower court’s punishment is too uneasible and unfair.

Therefore, prosecutor's 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.