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. The sentencing materials that are disadvantageous to the Defendant are the fact that the Defendant had a same criminal record over several occasions, and that the Defendant’s blood alcohol concentration at the time of committing the instant crime are high, etc.

However, in full view of the following circumstances: (a) it is difficult for the court below to deem that the Defendant’s previous conviction was repeated in a short period; (b) it appears that the court below was sentenced to a maximum amount of punishment by fine, taking into account all the sentencing data unfavorable to the Defendant; (c) the Defendant’s mistake from the investigative agency to the court; and (d) the Defendant repents and reflects all his mistake; and (e) the Defendant’s age, character and conduct, family relation, environment, occupation, circumstance and details leading to the instant crime; and (e) circumstances leading to the sentencing indicated in the record, such as the circumstances after the crime, etc., the sentence of the court below cannot be deemed unfair

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.