The appeal by the prosecutor is dismissed.

1. The summary of the grounds for appeal (e.g., a fine of one million won) in the original judgment is deemed to be too uneasible and unfair.

2. At the time of the instant crime, the Defendant’s blood alcohol concentration is 0.093% and above 0.05% which is the standard value for punishment, and the driving distance under the influence of alcohol is the long distance between 15km and 15km, etc. that are disadvantageous to the Defendant.

However, in full view of the following: (a) the Defendant led to the instant crime; (b) the Defendant is an initial offender who has no criminal record; and (c) the Defendant’s age, character and conduct, environment, motive for the instant crime; and (d) other various sentencing conditions, such as the circumstances before and after the instant crime, it is not recognized that the sentence of the lower court

3. The final appeal by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the final appeal by the prosecutor is groundless. It is so decided as per