The sentencing of the court below (2 million won of fine) is too unhued and unfair.

However, at the time of the instant case, the Defendant’s blood alcohol concentration reaches 0.185%, and there was a record of being sentenced to a fine due to drinking driving in 2003, and is disadvantageous to the Defendant.

However, in light of all other circumstances, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the lower court cannot be deemed unfair because the sentencing of the Defendant is too unreasonable, considering the following circumstances: (a) the Defendant was stopped on the side without taking any particular measures on the ground that the Defendant was able to drive a drinking; (b) the driving distance is relatively short and contrary to the circumstances that the Defendant committed the crime; (c) there is a family member with dependents; and (d) the instant case was revoked and the driver’s license became lost; and (d) the Defendant’s age, character and conduct, motive, means and consequence of the crime; and (e) the circumstances after the crime were committed.

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.