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. The defendant has a record of being punished by a fine several times for the same offense.

These circumstances are disadvantageous to the defendant.

However, there is no criminal defendant who was punished for the same crime from 208 to 2008.

The defendant acknowledges all crimes and repents his mistake.

The crime of this case was limited to a simple drinking, and the blood alcohol concentration level is not high by 0.083%.

These circumstances are favorable to the defendant.

In addition to this point, in full view of various circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is too uneasible and unfair.

3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.