The prosecutor's appeal is dismissed.

1. The circumstance that the Defendant’s judgment on the grounds for appeal has a record of criminal punishment of fines once for the same kind of crime, and that the Defendant’s blood alcohol concentration at the time of driving of the instant case is high and that the driving of the instant case is crackdownd by causing a traffic accident that shocks down hullum, etc. is disadvantageous to the Defendant.

However, considering various sentencing conditions indicated in the records, such as the defendant's age, character and behavior, family relationship, health condition, result of the crime, and circumstances after the crime, it cannot be deemed unfair because the court below's punishment (a fine of eight million won) is too uneasy, and thus, is too uneasy in light of the following circumstances: (i) there is no record of criminal punishment other than one time of fine; (ii) there is no history of criminal punishment; (iii) the defendant's social relation is clear; (iv) the defendant's family and branch are leading the defendant; and (v) it appears that he has faithfully worked as a local public official for a period of 30 years; and (iv) there are various sentencing conditions indicated in the records.

2. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.