The prosecutor's appeal is dismissed.

1. The main point of the prosecutor’s appeal is as follows: (a) the lower court’s sentence (3 million won in penalty) is too unhued and unreasonable.

2. The judgment of the court below is that the crime of this case was committed by the defendant on the ground that the police officer demanding the defendant to return home under the direction of the vehicle under the influence of alcohol, and that the crime of this case was committed on the ground that the nature and the circumstances of the crime are not good, is disadvantageous to the defendant.

On the other hand, the Defendant committed the instant crime under the influence of alcohol by committing the instant crime, which is against the depth of the mistake while committing the instant crime, the primary offender, the search for the damaged police officer, etc., and there is clear social ties, such as the Defendant’s appeal against the Defendant’s wife, etc., and taking full account of all the sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, sexual behavior, environment, and conditions after the commission of the instant crime, the lower court’s punishment appears to be within a reasonable and appropriate scope, and it cannot be deemed unfair because it seems unfair.

Therefore, the prosecutor's above 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.