The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (three million won of a fine) is too unhued.

2. The defendant has been sentenced to a fine not less than three times due to a crime of drinking or unlicensed driving.

Nevertheless, the crime of drinking and unlicensed driving of this case has been committed again.

The blood alcohol concentration level at the time of the pertinent drunk driving is also 0.259% high.

These circumstances are disadvantageous to the defendant.

However, the defendant has no previous convictions sentenced to a fine or heavier punishment.

The defendant is committing a second offense by breaking his mistake and not committing a second offense.

The crime of this case was caused by a motor bicycle, and was limited to a simple drinking driving.

The accused has a physical disability of Grade V and supports the wife of Grade II with disability.

Such circumstances are favorable to the defendant.

In full view of such circumstances as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., it is not recognized that the sentence imposed by the lower court is too uneasible and unreasonable.

3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.