The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unhued and unfair.

2. Although the Defendant had been punished by a fine of KRW 700,000 in 206 and a fine of KRW 3 million in 201 due to a drunk driving, he/she again drives the instant drinking, and the Defendant’s blood alcohol concentration at the time of the instant drinking driving is considerably high to 0.116% and is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant confessions the facts of the offense; (b) there is no previous conviction exceeding the fine; and (c) the Defendant’s age, environment, character and conduct, motive of the offense; and circumstances before and after the commission of the offense; and (d) the sentencing conditions specified in the instant records and pleadings, it may be deemed that the lower court’s punishment is somewhat somewhat somewhat unfavorable; however, it cannot be deemed that it is too un

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.