The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of six million won) declared by the court below is too unhued and unreasonable.

2. The Defendant has a record of having been punished several times due to drinking or unlicensed driving.

At the time, blood alcohol concentration was 0.102% higher.

However, there is no record of criminal punishment since the defendant was punished in 2009, and there is no possibility that the defendant will not repeat the crime of this case while breaking the error of crime of this case.

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 as it is without merit. It is so decided as per Disposition.