The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. In full view of the elements of unfavorable sentencing, including the fact that the Defendant refused to measure the drinking alcohol of this case, despite the past record of criminal punishment three times due to drinking driving, and the Defendant’s refusal to measure the drinking alcohol of this case, and the fact that the Defendant returned the vehicle that was driven at the time of the crime of this case to the nominal owner and is going not to drive, supporting the wife and the children attending elementary school, and other favorable sentencing factors, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and other various circumstances that form the conditions of sentencing specified in the records and arguments of this case, such as the circumstance after the crime, it cannot be deemed unfair because the lower court’s sentence against the Defendant is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.