Punishments (three million won of a fine) imposed on the defendant by the court below are excessively unhued and unfair.

Judgment

In light of the contents and methods of the crime of this case committed by the defendant, it is disadvantageous to the defendant, and the fact that the criminal defendant has been punished several times due to drinking driving, etc.

However, in light of the following circumstances: (a) the Defendant led to the confession of the crime of this case and reflect the Defendant’s mistake in depth; (b) the risk of traffic accidents caused by drunk driving is not realized; (c) the level of drinking alcohol is relatively low; (d) the economic situation is not sufficient; and (e) there is no criminal record beyond the fine; (b) the lower court appears to have sentenced the maximum statutory penalty of the fine in full consideration of the various circumstances of the Defendant; and (c) there are no special circumstances to deem that the sentencing of the lower court is significantly unfair; and (d) other circumstances, which are the conditions of the sentencing of this case, such as the Defendant’s age, character, behavior, intelligence and environment, and the motive, circumstance and consequence, means and consequence of the crime of this case; (d) the circumstances after the crime of this case; (e) the criminal records, criminal records, family relations, health conditions, etc., the prosecutor’s assertion is without merit.

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