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 defendant has been punished several times due to drinking or unlicensed driving, and committed the crime of this case during the period of suspension of execution.

However, the defendant has not committed a second offense in depth while committing a crime.

The defendant's blood alcohol concentration is relatively low to 0.088%, and the distance of operation is also about 350 meters.

The defendant seems to have lived with his wife in his place of residence and had a sincere life, and the branch people want to have a preference against the defendant.

In addition, considering the age, character and conduct, environment, and all the sentencing conditions shown in the arguments, the sentence imposed by the court below cannot be deemed unfair because the sentence imposed by the court below 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.