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. In light of the fact that the Defendant had been punished twice due to drunk driving, but again driven the instant drinking, and that the Defendant’s blood alcohol concentration was considerably high at the time of driving under the influence of alcohol, the Defendant’s liability for the crime is not easy.

However, the defendant is led to confession and reflect, and there is no record of punishment heavier than the fine, and the distance of the drinking driving of this case is not visible.

On the other hand, the circumstance in which the prosecutor asserts the sentencing elements has already been discovered in the hearing process of the court below and sufficiently considered, and there is no particular change in the situation that is the condition for sentencing after the sentence of the court below.

Considering such circumstances and other factors as the Defendant’s age, character and conduct, environment, motive, appearance, and circumstances after the commission of the crime, the lower court’s sentencing was conducted within the reasonable scope of discretion, and cannot be deemed as being too unreasonable.

Therefore, prosecutor's assertion is without merit.

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.