The prosecutor's appeal is dismissed.

1. The Prosecutor’s summary of the grounds for appeal (a fine of KRW 10 million) declared by the lower court is too uneasy and unreasonable.

2. The judgment of the defendant, even though he had the record of being punished twice as a same crime, is going to commit the crime of this case, and the blood alcohol concentration at the time of the crime of this case exceeds 0.229%, is disadvantageous to the defendant.

On the other hand, however, the defendant shows a strong attitude of reflectivity while recognizing the crime of this case; the defendant shows a firm intent not to repeat again while disposing of the vehicle used at the time of the crime of this case; there is no other punishment force than the above previous conviction; there is no criminal record exceeding the fine; the distance from driving at the time of the crime of this case does not go through; the risk of drinking driving is realized; the risk of the danger of the accident does not lead to the traffic accident; and the family members and employees of the defendant seems to clearly have a social ties relationship, such as the defendant's birth of the defendant's wife; taking into account all the sentencing conditions in the argument of this case including the defendant's age, character and behavior and environment, the court below's punishment is deemed to be within a reasonable and appropriate scope, and it cannot be deemed unfair.

Therefore, prosecutor's assertion is without merit.

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