The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 10 million imposed by the court below to the defendant is too uneasible.

2. The judgment is a serious crime that may endanger the life and body of himself/herself and others, and the revised Road Traffic Act strengthened criminal punishment by raising the statutory penalty for the crime. In particular, when a person who has been punished for drunk driving more than twice drives a motor vehicle, etc. under the influence of alcohol again, a provision was newly established to impose imprisonment of not less than one year but not more than three years or a fine of not less than 10 million won and not more than 5 million won. Each of the crimes of this case has the record of criminal punishment for a crime of violation of the Road Traffic Act 3 times since June 21, 2004 or the Road Traffic Act 3 times after March 28, 2014. In particular, it is recognized that the defendant was under the influence of alcohol or an inevitable circumstance such as under the influence of alcohol without a driver's license since he/she was punished by a fine even though he/she was under the influence of alcohol on March 29, 204 without more than three months thereafter.

On the other hand, there are also circumstances such as: (a) the Defendant’s mistake is divided in depth; (b) the Defendant would not repeat again by selling a vehicle used for the crime; (c) the driving distance was not long; (d) the occurrence of additional damage, such as traffic accidents, etc. caused by each of the instant crimes; (c) if a person is sentenced to imprisonment without prison labor or heavier punishment, the person becomes disqualified for registration as a certified tax accountant; and (d) the lower court sentenced a statutory maximum sentence after choosing a fine.

The Defendant’s age, environment, occupation, family relationship, and this case’s case.