The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the lower court (a fine of eight million won) is too unhued and unreasonable.

Judgment

The defendant can be punished for the same drinking or non-licenseless driving, including a suspended sentence, and the fact that the defendant is a crime during the suspended sentence is disadvantageous.

However, in full view of the following factors: (a) the Defendant’s mistake is recognized; (b) blood alcohol content is relatively high as 0.098%; (c) the Defendant’s treatment for the extension of alcohol content is favorable; and (d) the Defendant was detained for two months; and (c) the circumstances leading up to the instant crime; (d) the circumstances following the instant crime; and (e) the Defendant’s age, character and conduct, and environment; and (e) various sentencing conditions specified in the instant argument, such as the circumstances leading up to the instant crime; and (e) the Prosecutor’s argument is

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.