The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (five million won of a fine) is too unhued and unreasonable.

2. In light of the fact that the defendant was punished for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) on or around May 2013, a violation of the Road Traffic Act (Aggravated Punishment, etc. of Specific Crimes) and a violation of the Road Traffic Act (Aggravated Punishment, etc.), even though he was sentenced to a suspended sentence of imprisonment, he/she drives a vehicle by drinking only during the period of the suspended sentence so that the blood alcohol concentration level at the same time reaches 0.189%

However, the defendant is under the time of committing a crime, and the defendant has no record of punishment except for the crime of violation of the Road Traffic Act on May 2013, 201, and there is no record of criminal punishment. Other records of criminal punishment are the records of punishment sentenced to minor cases in 1981, 193, and 1995. The court below selected a fine in consideration of all the above circumstances of the defendant, but sentenced to a fine in an amount equivalent to the maximum statutory punishment. In full view of all the circumstances of sentencing, including the defendant's age, character, character, environment, environment, family relationship, motive, means and consequence of the crime, etc., the sentence of the court below cannot be deemed to be unfair because it is too uneasible. Thus, the prosecutor's assertion has no merit.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.