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. On October 4, 201, the Defendant had the record of being punished for the same kind of case, and completed the execution of the sentence on October 4, 201, and committed the instant crime during the period of repeated crime.

The defendant's blood alcohol concentration was 0.263% higher.

However, there is no record that the defendant was punished for drinking driving since 2005, and the mistake of the crime of this case is divided in depth and not re-offending.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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.