The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of seven million won) declared by the lower court is too unhued and unreasonable.

2. On November 30, 2012, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act at the Daegu District Court, and again committed the instant crime during the suspended sentence period.

However, the Defendant did not have any other criminal records except punishment for drunk driving, and the blood alcohol concentration of the Defendant at the time of the instant crime is 0.065% high.

After the sentence of the judgment of the court below, the defendant has been divided in depth and has not committed a second offense by disposing of the vehicles owned by the defendant.

The defendant operates the supermarket and supports his wife and newborn baby in good faith.

In addition, in full view of the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, and all the sentencing conditions shown in the records and pleadings, the sentence imposed by the lower court cannot be deemed unfair because it is too uneasible.

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.