The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (6 million won in penalty) is too unhued and unreasonable.

2. Determination is an unfavorable circumstance, such as the fact that the Defendant was punished twice by a fine for the same kind of crime in 2012 and 2015, and that the blood alcohol concentration in the blood was considerably high by 0.164%.

However, the fact that the defendant recognized the crime of this case, the driving distance was relatively short of about 50 meters, and it is not to repeat the crime.

It is advantageous to the fact that the situation is different.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unfeasible and unreasonable.

Therefore, prosecutor's 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.