The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the original court's punishment (7 million won of a fine) is too unhued;

(2) The Defendant, on May 13, 2013, was sentenced to imprisonment with prison labor for one time after 200, suspension of the execution of two times imprisonment with prison labor, and four times fines, respectively, due to the crime of drunk driving or unlicensed driving.

In particular, despite being sentenced to 2 years of the suspended sentence of 8 months due to the crime of drunk driving in 2011, the crime of this case was committed again during the suspended sentence.

Moreover, the Defendant, immediately after enforcement, resisted a police officer for a set period of time, cut one’s fingers, and subsequently, made a false vindication that the Defendant was forced to drive a motorcycle without any choice to go to the hospital immediately due to an accident that cut his fingers in the court of original instance. It is not good that the circumstances after the crime are committed, such as making a false vindication that the Defendant was forced to drive a motorcycle.

These circumstances are disadvantageous to the defendant.

However, the defendant has led to his confession of his crime, and his mistake has been divided.

The blood alcohol concentration level at the time of driving under the influence of alcohol in this case is 0.082% not high.

The driving of drinking by the previous conviction for the same kind of crime is caused by the cargo vehicle, but the crime of this case is caused by the motor bicycle, which is a small 49cc among them, and limited to the simple driving of drinking.

The accused is a basic livelihood recipient and shall support the elderly and two children who have a disability of grade 5 with a disability of grade 5.

Such circumstances are favorable to the defendant.

In full view of such circumstances as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s sentence is deemed unreasonable as it is too uneasible.

3. Accordingly, the prosecutor’s appeal is without merit, and thus, it is in accordance with Article 364(4) of the Criminal Procedure Act.