The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. It is recognized that the defendant committed the crime of this case again during the period of probation although the defendant was punished for drinking or driving without a license several times.

However, the Defendant recognized the facts charged and did not repeat the vehicle until the vehicle is sold, and the alcohol concentration in the blood of this case is 0.061% and is not so increased.

In addition, comprehensively taking account of the various circumstances that form the conditions for sentencing as shown in the record, such as the Defendant’s age, sex, environment, family relationship, background leading to the commission of the crime, and circumstances after the commission of the crime, the lower court’s sentence is not deemed unreasonable.

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.