The prosecutor's appeal is dismissed.

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

2. The judgment of the Defendant committed the instant crime at the same time with the history of punishing each of the fines on three occasions due to drinking driving, driving without a license, driving without a license, and driving without a license.

The drinking alcohol level was 0.128% higher than the blood alcohol level.

However, there is no record of criminal punishment exceeding a fine due to the same criminal conduct, and three times of the same criminal records were punished in 2003, 2006, and 2007, and have been relatively old, and the defendant has not committed a second offense against the mistake of crime in depth.

The defendant is not a traffic accident, and the driving distance is about 500 meters.

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 on the ground that it is without merit. It is so decided as per Disposition.