The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment of KRW 10 million (a fine of KRW 10 million) is too unhued and unreasonable.

2. The judgment of the Defendant committed the instant crime once again, even though the same criminal records were twice, and the drinking driving is a crime that may cause serious harm to an unspecified person, and the social risk is considerably high, and the Defendant’s blood alcohol concentration at the time of the instant crime is 0.103%, and the degree of his blood alcohol level is not relatively minor, etc. are disadvantageous to the Defendant.

However, in full view of the following: (a) the Defendant’s mistake is recognized and is in depth and reflected by the Defendant; (b) there is no penalty force exceeding a fine; (c) the Defendant appears to have lived faithfully after being sentenced to a fine due to drinking driving in around 2009; (d) the driving of drinking alcohol does not cause any particular traffic accident; and (e) the spouse must support minor children together with his spouse; and (e) other various sentencing conditions specified in the argument of the instant case, such as the background of the instant crime, the circumstances after the commission of the crime; and (e) the Defendant’s age, character and conduct, 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 as it is without merit. It is so decided as per Disposition.