The prosecutor's appeal is dismissed.

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

2. On March 22, 2012, the Defendant had a record of having been punished several times due to drinking driving, and the Defendant committed the instant crime during the period of repeated crime after having completed the execution of the sentence on March 22, 2012.

At the time, the blood alcohol concentration of the defendant was 0.113% higher.

However, the drinking driving of this case, however, after drinking alcohol at night before the driving day, is driving a vehicle for work at the morning following the following day, and is considered in the circumstances.

The defendant's mistake has been divided in depth and has not committed a second offense.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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.