2. The judgment of a driving under the influence of alcohol is a very dangerous crime that is likely to cause unexpected behaviors to the life and home of another person as well as the possibility of traffic accident. It is recognized that there is a need for strict punishment. At the time of the instant crime, the Defendant’s blood alcohol concentration at the time of the instant crime was somewhat higher than 0.14%, and the Defendant was issued a summary order of KRW 5 million on April 25, 201 due to the crime of violation of the Road Traffic Act (driving under the influence of 0.103%) of the blood alcohol concentration at the Jeonju District Court on April 25, 2013. The summary order of KRW 5 million is issued on April 20, 201, and on April 20, 201, the same court has been issued a fine of KRW 4 million due to a violation of the Road Traffic Act (driving under the influence of alcohol).

However, in full view of the following facts: (a) the Defendant divided his/her criminal act; (b) the Defendant’s running distance of his/her motor vehicle is about 20 meters; (c) the Defendant discontinued his/her driving on his/her own under the idea that he/she would not drive his/her motor vehicle before entering a large channel; (d) the Defendant did not have any history of having been punished in excess of a fine; and (e) there was no history of criminal punishment after 2014; and (e) the Defendant’s age, character, conduct, environment and other conditions of sentencing, the sentence of the lower court cannot be deemed to be too unreasonable

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.

[However, according to Article 25 (1) of the Rules on Criminal Procedure, "The defendant has violated the prohibition of drinking driving more than twice at the end of the judgment of the court below" shall be added ex officio and at the end of the crime.