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. In full view of the circumstances that are disadvantageous to the Defendant, even though the Defendant had been punished for driving under drinking two times, and the fact that the Defendant has been driving under drinking while driving under drinking, the Defendant’s favorable condition such as the blood alcohol concentration or the driving distance was high or not long, and the Defendant’s age, sexual behavior, environment, family relationship, circumstances after the crime, and other various sentencing conditions specified in the records and arguments, such as the Defendant’s age, sexual behavior, family relationship, circumstances after the crime, etc., the lower court’s punishment is too uneasible and it does not seem unfair.

3. The appeal by the public prosecutor on the conclusion of the judgment is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.