The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., in a form of unfair) is that the Defendant drives a motor vehicle under the influence of 0.188% alcohol concentration in blood, and that driving under the influence of alcohol is highly dangerous, so it is necessary to punish the principal. In light of the fact that the statutory penalty is imprisonment with prison labor for not less than six months but not more than one year, or a fine not less than three million won but not more than five million won, the sentence of the lower court that sentenced a fine of not less than two million

2. The instant crime was committed by the Defendant, while under the influence of alcohol 0.188% of alcohol content, driving a Cro-car with approximately KRW 100 meters of alcohol, and the Defendant needs to strictly punish a compliance consciousness with traffic regulations.

However, in full view of all the circumstances indicated in the record, including the fact that the defendant led to the crime, committed against himself, committed a crime of gambling in 1999, that there is no history of criminal punishment except for the punishment of a fine of 300,000 won, the defendant was a taxi engineer, and the defendant lost his job due to the instant case. The defendant, as a single-parent family subject, should care for his child under the age of 11, the defendant is suffering from hepatitis and urology, the defendant's age, character and conduct, and environment, even if considering the circumstances asserted in the grounds for appeal, the court below's punishment is deemed appropriate and it is not unreasonable, and the prosecutor's above assertion is without merit.

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.