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. Although the Defendant had a record of having been punished several times, including punishment for the same kind of case, the Defendant, at the same time during the period of repeated crime, was crypted to commit the instant crime and the nature of the crime.

Since the defendant's blood alcohol concentration is 0.159% high, the defendant's strict punishment is recognized.

However, the defendant recognized the error of the crime of this case and is in profoundly against it.

The defendant does not repeat the defendant's vehicle while scrapping it.

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 on the ground that it is without merit. It is so decided as per Disposition.