The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (7 million won in penalty) imposed by the court below on the defendant is too unhutiled and unfair.

2. The judgment is recognized that the Defendant had already been punished four times for the same kind of crime, and in particular, the driving of the instant drinking during the period of suspension of execution due to special intimidation, etc., and that the Defendant’s blood alcohol concentration at the time of the instant case is higher than 0.211%.

However, it is also recognized that the Defendant’s recognition of the instant crime and reflects on the Defendant, the distance of drinking by an ozone is relatively short, the driving of the instant drinking does not cause human physical damage due to the instant drinking, and there is no previous conviction exceeding the fine.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unfeasible and unfair.

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.