The prosecutor's appeal is dismissed.

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

2. The Defendant had been punished several times due to drinking or unlicensed driving (four times a fine, one time a suspended sentence), and committed the instant crime during the suspended sentence.

Blood alcohol concentration was 0.104% higher.

However, the distance operated by the defendant is about 10 meters, it is not caused by traffic accidents, and it is said that the vehicle should be disposed of and not re-offending by breaking the crime in depth.

The defendant, while carrying on transportation business, supports the father of elderly people, and his families and branch people want to get a preference to the defendant.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, 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 as it is without merit. It is so decided as per Disposition.