The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. The judgment of the Defendant, even though he was sentenced to a fine on two occasions due to driving under drinking, is again driving under the influence of alcohol. At the time of the instant case, the Defendant’s blood alcohol concentration was relatively high by 0.116%, is disadvantageous to the Defendant.

On the other hand, the defendant would not drive drinking again, against himself.

The fact that there is no other criminal record except the past that has been sentenced to fines twice or more is favorable to the defendant.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, Defendant’s age, sexual conduct, environment, and circumstances after the instant crime, and various sentencing conditions as shown in the records and arguments, the Prosecutor’s assertion is without merit, given that the lower court’s punishment is too uneasible and inappropriate.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.