The prosecutor's appeal is dismissed.

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

2. The judgment of the court below is that each of the crimes of this case was driven by the defendant while under the influence of 0.161% alcohol level without a driver's license, and the defendant's liability for the crime of this case is not minor in light of the blood alcohol level at the time. However, each of the crimes of this case does not cause an accident or damage to others as a mere drinking or without a driver's license, there is no history of criminal punishment as a primary offender, elderly and health, poor and difficult economic circumstances, considering all of the above circumstances, the court below seems to have determined the punishment against the defendant, and taking into account all the sentencing conditions of this case, such as the defendant's age, character and behavior, intelligence and environment, motive and circumstance of each of the crimes of this case, and circumstances after the crime. Thus, 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.

(However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, Article 152 (1) of the Regulations on Criminal Procedure shall be amended to "Article 154 (2)."