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 committed the instant crime even though he/she had been punished for a fine of three times due to drinking driving.

Blood alcohol concentration was also 0.113% higher.

However, since June 2007, the Defendant did not have any record of criminal punishment for the same crime as well as for other crimes, and the Defendant did not repeat the crime of this case in depth.

In addition, examining the circumstances where the defendant supports his/her family, including the mother who is a person with a disability of the second degree in the brain disease, and all of the sentencing conditions in the records and arguments of this case, such as the defendant's age, character and conduct, environment, and family relationship, it is difficult to view that the sentence imposed by the court below is too un

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.