The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty of eight million won (a fine of eight million won) is deemed to be too unhued and unfair.

2. Determination is recognized that the Defendant had the record of having already been sentenced to a fine once for each of the crimes of violation of the Road Traffic Act (driving of a drinking alcohol) and the crimes of violation of the Road Traffic Act (Refusal of measurement of a drinking alcohol), the Defendant committed the instant crime during the suspension period of execution due to a special injury, and the Defendant’s blood alcohol concentration at the time of the instant case is very high to 0.218%.

However, it is recognized that the Defendant’s recognition of the instant crime and reflects the Defendant, the distance of the Defendant’s drunk driving is about five meters short, and there is about five-year interval between the crime of refusal of last alcohol measurement and the instant crime, and that there was no personal injury, such as a traffic accident, due to the instant drunk driving.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.