The prosecutor's appeal is dismissed.

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

2. The Defendant had a record of being punished several times due to drinking and unlicensed driving, and committed the instant crime during the period of repeated crime due to the same kind of crime.

Blood alcohol concentration was also 0.123% higher.

However, the Defendant committed a crime in depth and did not repeat the crime. On November 25, 2010, the Defendant was sentenced to imprisonment for six months with prison labor due to a drunk driving on November 25, 201 and the execution of the sentence was completed from April 11, 2011 to the day before the instant crime was committed, and it seems that the Defendant was not only for the same crime for three years, but also for other crimes, but also for agricultural life at the place of residence and had lived faithfully.

The crime of this case can be considered in light of the circumstances where the defendant was driving in order to raise the mother's mind that the mother of the defendant hospitalized in the medical care center from the birth in the state of paralysis while working in the dry field.

The mother of the case died on the day of the case, and the defendant's wife wanted to take the defendant's wife.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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.