The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that of the lower court’s penalty of KRW 4,00,000 (a fine of KRW 4,000) is too unhued and unreasonable.

2. Determination is that the Defendant’s blood alcohol concentration at the time of driving under the influence of alcohol in this case is not 0.138%, the Defendant committed the instant crime even though he had been punished for the same kind of crime, and the Defendant was sentenced to a fine on September 16, 2014 on the same vehicle on June 30, 2014, immediately before the instant crime was committed.

However, in light of the favorable circumstances such as the Defendant’s mistake, the Defendant’s mistake is divided and against himself, the Defendant’s refusal to repeat a crime, the disabled of class 5, the most disabled, and the family members to be supported, and the Defendant’s age, character and conduct, environment, the circumstances and results of the instant crime, and all of the sentencing conditions indicated in the instant case, such as the circumstances after the commission of the crime, it is not recognized that the lower court’s punishment is too unreasonable, and thus, the prosecutor’s above assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.