The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.

2. Although the Defendant had had been punished several times for the same kind of case including punishment, the Defendant committed the instant crime again during the period of repeated crime.

The Defendant caused a traffic accident while driving a drinking or unlicensed driving, and the driving distance of the instant vehicle is also 25 km so that the Defendant’s strict punishment is recognized.

However, the defendant recognized the error of the crime of this case and is in profoundly against it.

The blood alcohol concentration of the instant case is relatively high to 0.082%, and it is also recognized that the circumstances in which the Defendant ought to care for a woman who is unable to move alone.

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 on the ground that it is without merit. It is so decided as per Disposition.