The prosecutor's appeal is dismissed.

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

2. The Defendant had a record of being punished several times due to drinking and driving without license, and committed the instant crime during the period of repeated crime due to driving without license.

Blood alcohol concentration was also 0.164% higher.

However, the defendant has not committed a second offense with his depth, and it is not good for the defendant to be healthy, such as suffering from urology with a physical disability of Grade 5, and support for the baby.

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.