The prosecutor's appeal is dismissed.

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

2. The Defendant had been punished several times for drinking, unlicensed driving, and traffic-related crimes, and committed the instant crime again during the period of repeated crime due to the same kind of crime.

At the time, blood alcohol concentration was 0.142% higher.

However, in full view of all the sentencing conditions shown in the records and arguments, including the fact that the defendant divided the errors of the crime of this case, the fact that the defendant must support the old parents who are not healthy, the defendant's age, character and conduct, and environment, etc., the punishment imposed by the court below cannot be deemed unfair because it is too uneasible.

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.