The prosecutor's appeal is dismissed.

1. The lower court’s sentence (five million won of a fine) against the Defendant as to the summary of the grounds for appeal is unreasonable as it is too unhued.

2. The judgment of the court below has a record of punishing 2.5 million won for the same kind of crime in 201, and the blood alcohol concentration of the defendant belongs to the very high level. However, in full view of the fact that the defendant's mistake is divided, other than the above punishment power, there is no particular criminal record, and other various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, circumstances after the crime, etc., the punishment sentenced by the court below cannot be deemed to be light.

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.