The prosecutor's appeal is dismissed.

1. In full view of the favorable circumstances, such as the Defendant’s blood alcohol content high, and the fact that the Defendant was punished by a fine of KRW 700,000 as a crime of violating the Road Traffic Act even in 2004, etc., on the other hand, the Defendant recognized the Defendant’s mistake and reflects it. On the other hand, other favorable circumstances such as the same kind of crime and the crime of violating the Road Traffic Act in 192, there are no other penalty power, and other favorable circumstances, such as the Defendant’s age, character and behavior, environment, circumstances surrounding the crime, and the circumstances before and after the crime, etc., it cannot be said that the sentence (7 million won) imposed by the lower court is too unjustifiable and unreasonable.

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