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 Defendant committed the instant crime even though he/she had been punished twice by a fine due to drinking driving, etc.

Blood alcohol concentration was also 0.119% higher.

However, the Defendant did not have any record of criminal punishment in addition to the two times of the above fine, and committed the instant crime, which seriously reflects the fact that the Defendant committed the instant crime, and did not repeat the crime.

The defendant is faithfully living in the workplace, and the mother of the defendant is leading the defendant while wanting his wife against the defendant.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it is difficult to deem that the sentence imposed by the court below is too uneasible and 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.