The prosecutor's appeal is dismissed.

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

2. The Defendant had a record of punishment for drinking, driving without a license (the actual punishment, suspension of execution, and fine) and committed the instant crime again during the period of repeated crime due to the same kind of crime.

At the time, blood alcohol concentration was very high by 0.205%, and the driving distance is not shorter than 3 km.

However, the Defendant committed the instant crime in depth and did not repeat the instant crime, and the Defendant’s health is not good due to cerebrovascular.

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.