The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. In full view of the favorable circumstances, such as the fact that the Defendant was punished for a fine due to drinking, and the crime committed again in the manner of driving without obtaining a license or driving under drinking is considerably poor, but the Defendant’s mistake is against the Defendant, and the alcohol concentration level in the blood was not high. At the time, the Defendant was suffering from depression, and the Defendant was receiving a mental treatment until now, and other factors of sentencing as indicated in the instant records and arguments, such as age, sexual behavior, environment, family relationship, circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair as it is too unreasonable.

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.