The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the lower court (a fine of five million won) is too unhued and unreasonable.

Judgment

The defendant's blood alcohol concentration is 0.300% higher than that of the defendant is disadvantageous.

However, in full view of the favorable circumstances such as the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., that there was no history of criminal punishment, the Defendant did not occur while driving under the influence of alcohol in this case, that the mistake was divided and reflected, that is, the most supporting the wife and children, and all other factors of sentencing indicated in the records of this case, such as the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, etc.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it is without merit.