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 instant crime is a condition for sentencing unfavorable to the Defendant, in light of the following: (a) the Defendant driven a vehicle under the influence of alcohol level of 0.201%; (b) the Defendant does not seem to have any inevitable circumstance under the influence of alcohol at the time; (c) the Defendant has the history of being punished for the violation of the Road Traffic Act (driving) and the Act on Special Cases concerning the Settlement of Traffic Accidents; and (d) the purpose of the amended Road Traffic Act that intends to strengthen the punishment considering the risk of drunk driving and the social harm, etc.

However, in full view of all the circumstances indicated in the pleadings of this case, including the Defendant’s age, character and conduct, environment, background of the instant crime, and circumstances after the instant crime, the lower court’s punishment cannot be deemed to be unfair because it is too unreasonable and too unreasonable. In so doing, the lower court’s punishment cannot be deemed to be unreasonable, considering the following as a whole: (a) the Defendant was punished by a fine in 2007 and 2008, which was prior to the amendment of the Road Traffic Act; and (b) all the above previous convictions of the Defendant were punished by a fine in 208.

Therefore, prosecutor's assertion is without merit.

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.