The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (five million won of a fine) is too unhued and unreasonable.

2. In light of the fact that the Defendant was under the influence of alcohol in the past, even though he had the past history of punishment, and even when he was under the influence of alcohol, and that the blood alcohol level level is very high to 0.213%, the Defendant’s criminal liability is not easy. However, considering the fact that the Defendant led to the instant crime and misunderstandings, the Defendant has no record of being punished for a drunk driving other than being sentenced to a fine of KRW 1.5 million due to a drunk driving in 2007, and that the distance operated in the drinking state is relatively short, and all other circumstances, such as the Defendant’s age, character, character, environment, family relationship, motive, means and consequence of the crime, etc., which are conditions for sentencing, the Prosecutor’s assertion is without merit.

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.