The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. Determination, driving under the influence of alcohol is a serious criminal that threatens the life, body, and property of another person as well as his/her family, and the defendant, even though he/she had been punished for the same kind of crime, also leads to the crime of this case, which is disadvantageous to the defendant.

However, in full view of all the sentencing conditions indicated in the arguments of this case, including the Defendant’s age, character and conduct, environment, motive and background, means and consequence of the crime, circumstances after the crime, and whether there was change in circumstances after the sentence of the lower judgment, the lower court’s punishment appears to be reasonable and appropriate, and it cannot be deemed that the excessive unreasonable.

Therefore, 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 as it is without merit. It is so decided as per Disposition.