The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.

2. The instant crime is a situation unfavorable to the Defendant, such as that the Defendant driven a vehicle while under influence of 0.140% alcohol level, and the nature of the relevant crime is not less than that of the Defendant, and driving of drinking is a crime that may infringe on another person’s life, body, etc. as well as his/her own. As such, it is necessary to strictly punish the Defendant. At the time of detection, the Defendant’s blood alcohol level level was relatively high by 0.140%.

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake, that there is no past record of criminal punishment heavier than the fine, and that the defendant does not drive drinking again, which is favorable to the defendant.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the 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.