The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is as follows: (a) considering the fact that the Defendant, who has been punished twice due to the violation of the Road Traffic Act due to the drinking driving, such as this case, repeats the driving under the influence of blood alcohol level of 0.232%; and (b) there is a social consensus on the necessity of the strict punishment for drinking driving, the sentence of the lower court (fine 10 million won) is too uneased and unreasonable.

2. We examine the judgment on the grounds of appeal, and the above circumstances alleged by the prosecutor are deemed to have been sufficiently considered in the court below’s determination of the punishment at the court below. Moreover, considering the fact that the Defendant had no specific penal power except for the punishment imposed twice as above, the Defendant committed the crime in this case, and is in profoundly against his wrongness, and the circumstances that may be considered in the course of drinking driving, etc., the lower court’s sentencing is too uncompared and it does not seem to have exceeded the reasonable scope of discretion.

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