The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

In 2010, the Defendant was sentenced to a fine of 2.5 million won or a fine of 3 million won or more due to a violation of the Road Traffic Act in around 2013.

Circumstances favorable to the defendant shall be as follows:

The defendant is led to confession and is against the law.

At the time of the instant crime, the alcohol concentration among the blood of the Defendant is 0.084% lower than that of the Defendant.

The risk of drinking driving has not been realized.

The Defendant lost his workplace due to the instant crime.

After committing the instant crime, the Defendant did not repeat the crime, such as disposing of vehicles, etc.

The defendant has no record of having been sentenced to a fine exceeding a fine.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.

The 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.