The prosecutor's appeal is dismissed.

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

2. On October 12, 2012, the Defendant had been sentenced to three times of punishment due to drunk driving, and was sentenced to a suspended sentence for six months at the Daegu District Court on the grounds of a violation of the Road Traffic Act, and again committed the instant crime during the suspended sentence period.

The defendant's blood alcohol concentration was 0.213% higher.

However, the defendant does not have any history of criminal punishment exceeding the suspended sentence, and does not repeat the crime by breaking the error in depth.

The distance of the defendant's drinking driving is about five meters, and after the substitute driving engineer is laid, the difference is moved in the parking lot and the situation is considered.

Social attention is clear, such as obtaining a certificate of landscaping-related qualification and supporting the mother and staff of the relevant company.

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence imposed by the court below cannot be deemed unfair because it is too uneasible.

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.