The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (4 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. There is a disadvantage to the Defendant, such as the fact that the Defendant was able to receive a fine of KRW 1.5 million due to the driving of light alcohol in 2016 and the Defendant’s blood concentration in alcohol was considerably high by 0.214% at the time.

However, in full view of the following circumstances: (a) the Defendant recognized a crime; (b) the Defendant has no record of being subject to a fine on one occasion due to the driving of the above drinking alcohol; (c) the Defendant’s circumstances appear to be insufficient and health conditions are not good; and (d) other circumstances, including the Defendant’s age, environment, sex, circumstances before and after the commission of the crime, etc., and the conditions for sentencing as shown in the instant records and arguments, are somewhat weak for the sentence imposed by the lower court.

Even if it is not so unfair that it should be destroyed.

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.