The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (10 million won in penalty) is too unhued and unreasonable.

2. Determination is recognized that the Defendant had been already punished four times (2006, 2008, 201, and 2014) due to drinking driving, but was under influence without a license, and the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Western District Court on October 17, 2014 and was sentenced to two years of suspension of the execution on October 25, 2014, and was still under suspension of the execution, the Defendant did not commit the instant crime, despite the fact that the said judgment became final and conclusive on October 25, 2014, and was still under suspension of execution.

However, in full view of the following facts: (a) the Defendant recognized his mistake and speaks against the Defendant; (b) there are some circumstances to take account of the circumstances leading up to the Defendant’s commission of the instant crime; (c) the Defendant was regulating the hours of attendance after drinking alcohol for a certain period of time; (d) there was no previous conviction who was punished beyond the fine due to the same kind of crime; (c) there was no change in circumstances or circumstances that may be newly considered in sentencing in the trial; and (d) other factors of sentencing as shown in the records and arguments, such as the Defendant’s character and conduct, family relationship, motive and circumstance of the crime; and (e) the circumstances after the crime, etc., the lower court’s sentencing was conducted within the reasonable scope of discretion, and thus, cannot be deemed unfair

Therefore, the prosecutor's improper argument of sentencing is not accepted.

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.