The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. The lower court, based on the fact that the Defendant was punished for a fine once due to drinking driving, and the drinking water is reasonable, but the Defendant’s punishment was determined by taking account of the fact that the Defendant was committed in the course of committing the instant crime, other criminal records than the said fine, the fact that there was no other criminal records, and other circumstances shown in the argument in the instant case.

The judgment below

There is no special circumstance or change of circumstances that may be considered disadvantageous to the sentencing newly after the pronouncement, and considering the various sentencing conditions shown in the records and arguments of this case, it does not seem that the lower court’s punishment was too unfasible and exceeded the reasonable scope of discretion.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.