The prosecutor's appeal is dismissed.

1. The lower court’s penalty of KRW 9 million against the Defendant as to the summary of the grounds for appeal is unreasonable as it is too unfasible.

2. Determination, drinking driving, as well as himself, is a serious criminal threatening to the life, body, and property of another person and his family members, and even if the defendant had been punished for the same kind of crime, he also committed the crime in this case, which is disadvantageous to the defendant.

However, considering the circumstances favorable to the defendant, such as the defendant's age, character and behavior, and environment, the defendant shows an attitude against the defendant while recognizing the crime of this case, the distance from driving at the time of the crime of this case is not clear, and the risk of drinking driving is realized, and the risk of traffic accident is not led to traffic accident, the court below's punishment cannot be deemed to be excessively unreasonable, in full view of all the sentencing conditions in the argument of this case, including the defendant's age, character and behavior, etc.

Therefore, prosecutor's assertion is without merit.

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