The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (10 million won in penalty) is too unhued and unreasonable.

2. The judgment has several records of punishment for the same crime, and the defendant's blood alcohol concentration is relatively high at the time of the instant case, etc. are disadvantageous to the defendant.

On the other hand, the fact that the defendant is against the defendant's wrong recognition and there is no record of punishment exceeding the fine, etc. are favorable to the defendant.

Considering all of the above circumstances and other conditions of sentencing under Article 51 of the Criminal Act, it is difficult to deem that the lower court’s punishment is too unfasible and unfair.

Therefore, the prosecutor's above assertion is without merit.

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. It is so decided as per Disposition.