The prosecutor's appeal is dismissed.

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

2. Even though the judgment defendant had a record of being punished as a same crime, the fact that the defendant was going to commit the crime of this case is disadvantageous to the defendant.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and is against the defendant, the fact that there is no specific penalty power except for a fine for the same kind of crime, the blood alcohol concentration at the time is relatively high, the danger of drinking driving is realized, and the danger of drinking driving is not led to traffic accident, the court below’s punishment cannot be deemed as being excessively unreasonable, in full view of all the factors of sentencing specified in the argument of this case, including the defendant’s age, character and conduct, and environment.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.