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. On April 4, 2012, the Defendant was sentenced to imprisonment with prison labor for a period of four months and one year of suspended execution for a crime of violating the Road Traffic Act (unlicensed Driving) and committed the instant crime during the period of suspended execution.

At the time, blood alcohol concentration was also 0.114%.

However, since 2006, the defendant did not have any record of punishment for drinking driving, and the distance of driving is relatively short of 10 meters.

In light of the fact that the defendant is divided into the facts charged in this case, and all of the sentencing conditions in the records and arguments, such as the defendant's age, character and conduct, environment, etc., the sentence imposed by the court below cannot be deemed unfair because it is too uneasible.

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.