The prosecutor's appeal is dismissed.

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

2. In 2005, the Defendant again committed the instant crime after being sentenced to a fine (one million won) on one occasion due to drunk driving.

The crime of this case is not a crime that causes damage to the central separation zone, etc. so that the defendant is driven while under the influence of 0.189%, and the defendant is in conflict with drums and retaining walls and does not take necessary measures so as to cause damage to the central separation zone, etc. so that the repair cost of KRW 100,000.

However, the defendant did not have any record of criminal punishment in addition to the above one-time fine, and did not repeat the crime by reflecting the depth of the crime.

Defendant

A driver's vehicle is covered by a comprehensive insurance, and the defendant seems to have served as a public official in good faith from 2005 to before the crime of this case, and the same fees want to be placed in the preference of the defendant.

In addition, considering the circumstances in which the defendant is responsible for the livelihood of wife and three children, and all the sentencing conditions as shown in the records and arguments, such as the defendant's age, character and conduct, environment, etc., it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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.