The prosecutor's appeal is dismissed.

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

2. On February 22, 2012, the Defendant had been sentenced to eight times of suspended sentence due to drunk driving, including two times of suspended sentence. On October 22, 2012, the Defendant committed the instant crime during the suspended sentence period after being sentenced to two years of suspended sentence.

At the time, the blood alcohol concentration of the defendant was 0.221% higher.

However, the defendant has no record of punishment for any crime other than the violation of the Road Traffic Act such as drinking driving.

It is clear that the defendant does not repeat the crime, such as treating the vehicle in depth, and treating the vehicle, etc. in middle-standing enterprises, and supporting the mother, wife, university students, etc. in good faith.

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence 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.