The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The Defendant, upon driving under drinking, was sentenced to a fine of KRW 700,00 won in 202, a fine of KRW 1.5 million in 2005, a fine of KRW 3 million in 2014, a fine of KRW 2 million in 2006, a fine of KRW 2 million in 2006, and a fine of two years in 2015, and was sentenced to a suspended sentence in June in 2015. The Defendant again committed the instant crime despite being under the suspended sentence for the same kind of crime, and is disadvantageous to the Defendant that has not yet been subject to the suspended sentence.

On the other hand, there are no other criminal records except the above drinking driving, drinking, driving without a license, and driving without a license, and the above criminal records are more favorable to the defendant, such as the fact that the defendant has led to a confession of criminal facts, and it is not controlled by the cause of a traffic accident, and that the defendant has been disposing of and not repeating the vehicle of this case (B SPP car) which was operated at the latest from the time of the crime of the preceding suspended sentence.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, the lower court’s punishment cannot be deemed unfair because it is too uneasible and unreasonable.

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.