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. The judgment is an unfavorable circumstance to the Defendant, such as the fact that the Defendant had been punished several times due to the same crime, the occurrence of traffic accident by the instant crime, and the Defendant’s blood alcohol concentration at the time of the instant case is relatively high.

However, the fact that the defendant reflects his mistake in depth, while the defendant has been punished for the same kind of crime, the fact that all of them are relatively old, except for one fine, is favorable to the defendant.

Considering all of the above circumstances and the sentencing conditions of Article 51 of the Criminal Act as seen in the record and the changes of the instant case, the lower court’s punishment is too uneasible and unreasonable.

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.