The prosecutor's appeal is dismissed.

1. In light of the purport of the grounds for appeal, in light of the fact that the Defendant, who was punished for the violation of the Road Traffic Act due to the same kind of drinking driving as this case, repeats drinking while under the influence of alcohol 0.269% in the form of social consensus on the strict punishment of drinking driving, as well as the repeated driving under the influence of alcohol 0.269% in the same time, etc., the punishment of the lower court (fine 10 million won) is too uneased and unreasonable.

2. In light of the above circumstances alleged by the prosecutor as a ground for sentencing unfavorable to the trial in the court below, it is deemed that the court below has already determined the punishment in light of sufficient consideration. In addition, considering the fact that the defendant committed the crime in this case while recognizing the fact of the crime in this case, and that there is no record of criminal punishment exceeding the fine, and that there is no record of criminal punishment again, the sentencing of the court below exceeded the reasonable scope of its discretion, as it is too uneasible to the judgment of the court below.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.