The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 5,00,000) is too unhued and unreasonable.

2. Even though the Defendant had had the history of criminal punishment of fines for driving under drinking twice, the Defendant again committed the instant drinking alcohol crime, and the Defendant’s blood alcohol concentration at the time of the instant case was 0.131% higher than that of the Defendant, etc. are disadvantageous to the Defendant.

On the other hand, there are favorable circumstances that the defendant reflects his mistake, and that there is no other criminal record except for the previous conviction of drinking twice.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.