The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. The Defendant committed the instant crime even though he had a previous conviction due to driving of drinking and driving without a license, and again committed the instant crime.

However, the Defendant is against the charge, and the distance of driving of the instant drinking and driving without a license is not less than 1 km, and the alcohol concentration in blood is not higher than 0.064%.

In addition, comprehensively taking account of the following circumstances, the Defendant’s age, environment, occupation, family relationship, background leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s sentence is deemed unreasonable as it is unobcied.

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.