The prosecutor's appeal is dismissed.

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. It is recognized that the judgment defendant has a record of being punished twice due to drinking driving or once due to driving without a license.

However, considering the following facts: (a) the Defendant’s mistake is divided; (b) there is no history of punishment heavier than a fine; (c) the alcohol concentration in blood is 0.069% higher; (d) the distance of drinking is about 500 meters; and (e) the Defendant’s age, sexual conduct, environment; (c) motive, means and consequence of the instant crime; and (d) all of the sentencing conditions specified in the pleadings of the instant case, such as the circumstances after the instant crime, etc., the lower court’s punishment is too uneasible 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.