The sentence of the lower court (a fine of 6 million won) is too unhued and unreasonable.

Judgment

The fact that the defendant has already been punished twice due to drinking driving, and that the blood alcohol concentration of the defendant is not lower than 0.114%, etc. is an unfavorable sentencing factor.

However, considering the following as a whole: (a) the Defendant is against the Defendant; (b) the driving distance of the Defendant is not clear; (c) there is a family member to support the Defendant; and (d) there is no criminal record of a stay of execution or more; and (c) there are other favorable factors for sentencing; and (d) other factors for sentencing as indicated in the arguments, such as the background of the instant crime; (b) circumstances after the instant crime; (c) the Defendant’s age, character, conduct, and environment, etc.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.