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 Defendant committed the instant crime under the influence of alcohol driving on January 2014, and again committed the instant crime under the influence of summary indictment on February 13, 2014.

The alcohol level was 0.129% higher than the blood alcohol level.

However, the defendant did not have been subject to criminal punishment for the same kind of crime in addition to the case where he was prosecuted once again, and did not repeat the crime by breaking the error in depth.

The defendant is not involved in a traffic accident, and there are circumstances that support two children in wife and high school while faithfully working at one workplace for about 20 years.

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 on the ground that it is without merit. It is so decided as per Disposition.