The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal not only has the past history of having been punished for the violation of the Road Traffic Act (one time of the suspended sentence of imprisonment and two times of fines) in the past, but in particular, in the Changwon District Court’s smuggling support on August 1, 2013, the Defendant was sentenced to two years of the suspended sentence and was sentenced to two months of the suspended sentence on August 9, 2013, and the judgment became final and conclusive on August 9, 2013, and again committed the instant crime, it is not less than two months from the date of suspended sentence and not more than two months from the date of suspended sentence. In light of the fact that the Defendant again committed the instant crime, the sentence (7 million won of a fine) imposed by the lower court is deemed unfair.

2. Taking into account the circumstances alleged by the prosecutor of the judgment, the following circumstances are considered: (a) the confession and reflect of the defendant; (b) the driving of the drinking alcohol in this case does not cause traffic accidents; (c) twice fines of the same kind of punishment of the defendant are prior to 2007; (d) the defendant is in a position to support his family; and (e) the defendant does not repeat again; and (e) other circumstances, such as the character, conduct and environment of the defendant; (d) the background and result of the crime in this case; and (e) the circumstances after the crime, etc. and the conditions of sentencing as shown in the oral argument, the prosecutor’s assertion above is groundless.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.