The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (five million won of a fine) is too unhued and unfair.

2. The Defendant’s instant crime as to the grounds for appeal is an unfavorable circumstance to the Defendant for the following reasons: (a) the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the Ulsan District Court on November 7, 2017, for the following reasons: (b) the Defendant was under the influence of 0.120% of blood alcohol concentration without a driver’s license; (c) in light of blood alcohol concentration and driving distance; and (d) the quality of the instant crime is not good in light of the blood alcohol concentration and driving distance; (d) the Defendant was extremely high, and (e) the Defendant committed the instant crime, which was committed again during the period of repeated crimes after having completed the execution of the said sentence in the Ulsan Detention House on March 6, 2018.

However, considering all other circumstances, including the Defendant’s age, character and behavior, environment, motive and circumstance leading to the instant crime, its means and consequence, etc., the sentence imposed by the lower court is too unjustifiable, and thus, cannot be deemed unfair in view of the following circumstances: (a) the Defendant appears to have significantly poor health conditions due to chronic dystymatitis, liveration, and urology, etc.; (b) it is difficult to eliminate the possibility that the blood alcohol content level has increased compared to drinking water due to such health conditions; and (c) it appears that the Defendant transferred the vehicle operated by the Defendant to the son, who is the owner of the vehicle, would not drive in the future.

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