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. Although the Defendant had been sentenced to punishment for driving under drinking, the Defendant committed the instant crime by driving again under the influence of alcohol or without a license during the period of suspension of the execution of the crime.

However, in full view of all the sentencing conditions in the records, such as the fact that the defendant recognized the facts charged, the frequency of previous convictions punished by drinking driving (one time), and the age, sex, environment, circumstances leading to the crime, and circumstances after the crime, etc., the lower court’s punishment is too uneasy 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.