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. However, there is a large degree of criticism in that the accused drives a vehicle in the state of 0.443% alcohol level during the suspension period due to a crime of double-class and the accused has already been punished four times or more for a crime of violating the same Road Traffic Act;

However, in full view of the following factors: (a) the Defendant committed a crime while committing a crime; (b) the driving distance is relatively short; and (c) the occurrence of a traffic accident has not occurred; and (d) the sentencing conditions indicated in the records and pleadings, such as the Defendant’s age, sex behavior, environment, occupation, and circumstances after the crime, the lower court’s punishment is too uneasible and unreasonable.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.