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 sentenced to a fine twice due to drinking driving.

Blood alcohol concentration was also 0.119% higher.

However, the Defendant did not have any record of criminal punishment in addition to the two times of the above fine, and committed the instant crime in depth and reflects the wrongness of the instant crime, and did not repeat the crime by disposing of the operated vehicle.

In addition, examining all of the sentencing conditions as shown in the records and arguments of this case, such as the circumstances where the defendant committed a work life in good faith from around 2006 to the present, the age, character and conduct, and environment of the defendant, it is difficult to view that the sentence imposed by the court below is too uneasible and unreasonable.

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.