The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (7 million won in penalty) imposed by the court below on the defendant is too unhutiled and unfair.

2. It is recognized that the defendant had a previous record of the same kind at one time, and that the defendant has driven the instant drinking during the period of suspension of execution due to the violation of the Defense Act.

However, the distance of the defendant's driving is relatively long, and there is no history of punishment exceeding the suspension of execution.

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too uneasible and unfair.

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.