The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. Although the Defendant had had had been punished three times due to driving of drinking, he was driving in the state of drinking again and committed the instant crime.

However, in full view of the following facts: (a) the Defendant recognized the facts charged; (b) there was no previous conviction in addition to the fine; (c) the blood alcohol level at the time of the commission of the crime (0.065% alcohol level in blood); and (d) the impact that the result of the instant criminal trial on the Defendant’s occupation, status; (b) the Defendant’s age, sexual behavior, environment; (c) background leading to the commission of the crime; and (d) the circumstances after the commission of the crime, etc., the lower court’s punishment cannot be deemed 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 appeal is without merit. It is so decided as per Disposition.