The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. In light of the judgment, there are two times the records that the Defendant was punished for committing the crime of drinking, driving, causing danger driving, and refusing to take a alcohol test, and the Defendant once again driven a motor vehicle even though the driver’s license was revoked in around 2011 due to previous convictions. At the time of the instant case, the blood alcohol concentration of the Defendant was considerably high to 0.145% and thus, there are unfavorable circumstances to the Defendant, such as the crime committed in the instant case.

On the other hand, there are favorable circumstances for the defendant, such as the confession of the crime of this case and the statement that the defendant is divided, the distance of the defendant's driving seems to be relatively short, and the defendant supports a pregnant woman with good health.

In full view of the above circumstances and the Defendant’s age, character and conduct, intelligence and environment, the motive, background, means and consequence of the instant crime, the circumstances after the commission of the crime, criminal records, and family relations, the sentence imposed by the lower court is appropriate, and it is deemed unfair as it is so unreasonable. Thus, 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.