The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable as it is too unfilled to the punishment of a fine of five million won imposed by the court below on the defendant.

2. The judgment of the court below is based on the following facts: the Defendant’s act of this case was under the influence of alcohol level of 0.13% and did not seem to have a high possibility of criticism in that it is highly likely to cause a traffic accident by driving a car without a license, and the Defendant has a record of punishment twice due to the same kind of crime, and there is no other unfavorable circumstances such as the Defendant’s history of punishment twice.

However, in light of the following: (a) the Defendant made a statement that he/she led to the confession of the crime of this case and his/her mistake in depth, and thus, he/she did not repeat again; (b) the risk of driving drinking without a license is not realized; (c) the economic situation is not sufficient; and (d) the Defendant’s age, character and conduct, intelligence and environment specified in the argument of this case; (b) the motive, background, means and consequence of the crime of this case; (c) circumstances after the crime of this case; and (d) other circumstances that are conditions for the sentencing of this case, such as circumstances after the crime of this case, family relationship, etc., the Defendant’s sentence imposed by the lower court is deemed to be unreasonable

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.