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 unfluent and unreasonable.

2. Notwithstanding the Defendant’s issuance of a summary order of KRW 4 million on June 15, 2015 due to driving under influence on alcohol, the Defendant re-driving the instant drinking again on August 15, 2016 with the lapse of one year, and the Defendant’s blood content at the time of the instant case is relatively high by 0.139%, which is disadvantageous to the Defendant.

However, in full view of the fact that there was no history of criminal punishment except for the above punishment due to driving of alcohol, and that the maximum amount of punishment is five million won when the defendant selects a fine on the basis of the drinking value at the time of the crime in this case, and other circumstances, such as the defendant’s age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is too uneasible and unfair.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.