The prosecutor's appeal is dismissed.

1. Determination of the summary of the grounds for appeal (i.e., a fine of 12 million won) is deemed unhued and unreasonable;

2. The lower court determined the sentence by taking into account the blood alcohol concentration (0.089%) (0%) level, driving distance (100m), Defendant’s health condition (Apam cancer operation) etc.

The prosecutor's point of view that a public official's driving of drinking alcohol has a high possibility of criticism is sufficiently light, but it is difficult to say that the judgment of the court below is changed.

The determination of the original judgment cannot be respected.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Examining the sentencing factors again in this court, it cannot be deemed unreasonable that the amount of the original sentence exceeds the reasonable scope of the discretion.

3. The appeal by the prosecutor of conclusion is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.