The prosecutor's appeal is dismissed.

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

2. The judgment of the defendant is an unfavorable condition to the defendant that he/she had a record of punishment for drunk driving in 2009.

However, considering the following as a whole: (a) the fact that the Defendant sells a driver’s vehicle, etc.; (b) the Defendant did not have any specific penal power, other than the punishment imposed by a fine due to a drunk driving in 2009; and (c) other various conditions of sentencing as indicated in the pleadings, such as the Defendant’s age, character and conduct, motive for committing an offense, blood alcohol level, driving distance, and circumstances after committing an offense, the sentencing of the lower court appears to have been conducted within the reasonable scope of discretion by taking into account all of the conditions of sentencing specified in the present pleadings; and (c) there was no special change of circumstances that could change the sentencing of the lower court, and thus, it cannot be deemed unfair

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 as it is without merit. It is so decided as per Disposition.