The prosecutor's appeal is dismissed.

1. The sentence (7 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The defendant was sentenced to a fine for the same kind of crime, and the defendant committed the crime of this case during the period of the suspension of the execution of the same crime, which is disadvantageous to the defendant.

However, there is a relatively high level of alcohol content in the blood of this case, and there is a relatively clear social relation between the defendant, such as the fact that the violating vehicle is small studios, the defendant's mistake while committing the crime, and the defendant's family members want to live in the line, etc. In addition, considering all the sentencing conditions in the argument of this case, including the defendant's age, sex, environment, family relationship, circumstances after the crime, changes in circumstances after the sentence of the lower judgment, etc., the lower court's punishment seems to be unfair because it appears to be within a reasonable and appropriate scope.

Therefore, the prosecutor's above 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.