2. The Defendant had the record of being punished three times due to drunk driving, and the Defendant’s blood alcohol concentration at the time of drunk driving of the instant case was higher than 0.185%.

However, since 2005, there is no record of the crime in addition to the punishment of a fine once in 2013, and there is no record of the crime in this case.

In 2010, it is not good that the defendant has a good health, such as receiving spacific spacifics from a high-ranking mission.

Article 148-2 (2) 2 of the Road Traffic Act provides that a person whose blood alcohol content is not less than 0.1% but less than 0.2% shall be punished by imprisonment with prison labor for not less than six months but not more than one year or by a fine not less than three million won but not more than five million won. The court below determined the highest amount of the statutory penalty following the selection of a fine.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed unfair because the sentence imposed by the court below is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.