The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

The defendant's drinking value is 0.143% high.

Although the Defendant has long been sentenced to a fine of KRW 3 million due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents on March 20, 2006 and a violation of the Road Traffic Act (drinking), a fine of KRW 2.5 million due to a violation of the Road Traffic Act on August 18, 2006, and a fine of KRW 3 million due to a violation of the Road Traffic Act on July 23, 2010.

Circumstances favorable to the defendant shall be as follows:

The Defendant led to confession and reflect on the crime of this case.

There is no record of punishment in excess of a fine, and there is no record of punishment after the defendant was sentenced to a fine for a crime of violating the Road Traffic Act around 2010.

The risk of drinking driving has not been realized.

The defendant supports two children and old-ages, including father who suffers from brain color.

The defendants are faced with economic difficulties.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and theories, such as the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.

The prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.