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 judgment of the Defendant had the record of being punished three times by a fine due to drunk driving, and again committed the instant crime, and the blood alcohol concentration was 0.109% higher than that of the Defendant.

However, the defendant has no record of criminal punishment exceeding a fine, and has committed a crime in depth and has not committed a second offense.

There is also a situation in which the defendant supports the wife who was born in his/her place of residence and who was affected by cancer.

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.