The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. In light of the fact that the Defendant had a record of being punished as a drunk driving, and that the Defendant was running the instant drunk driving during the suspension of the execution of imprisonment with prison labor for the crime of this type, the Defendant’s liability for the crime is not minor.

However, the defendant is led to confession and reflect, and the drinking driving of this case was conducted after about 14 years from the time when the defendant was punished for driving under the influence of alcohol. At the time of driving under the influence of alcohol in this case, the blood alcohol concentration of the defendant was relatively high, and the driving distance was not even long. There is no history that the defendant was punished for a punishment heavier than that of a fine for the same kind of crime.

On the other hand, the circumstance in which the prosecutor asserts the sentencing elements has already been discovered in the hearing process of the court below and sufficiently considered, and there is no particular change in the situation that is the condition for sentencing after the sentence of the court below.

Considering such circumstances and other factors as the Defendant’s age, character and conduct, environment, motive, appearance, and circumstances after the commission of the crime, the lower court’s sentencing was conducted within the reasonable scope of discretion, and cannot be deemed as being too unreasonable.

Therefore, 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, according to Article 25 of the Rules on Criminal Procedure, a "car under the influence of alcohol" of Section 1 of the judgment of the court below shall be corrected to a "car under the influence of alcohol".