The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (fines 8,00,000) is too unhued and unreasonable.

2. At the time of the instant crime, the Defendant’s blood alcohol concentration (0.226%) is very high at the time of the instant crime and thus is highly dangerous, and is a criminal committed during the period of repeated crime, and has the record of being punished twice for the same crime, etc. that are disadvantageous to the Defendant.

However, in light of the fact that the defendant recognized his mistake from the investigative agency, the occurrence of serious damage caused by the crime of this case does not occur, the economic situation of the defendant is difficult, and the defendant supports his wife and children, and if the defendant is detained, his dependent will be placed in an excessive difficult situation. This seems to be too harsh even if the crime of this case is committed during the period of repeated offense, and other sentencing conditions specified in the records and arguments, such as the defendant's age, environment, and circumstances after the crime, are considered as being committed, it is not determined that the sentence against the defendant is too unreasonable.

3. Therefore, 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.

(However, according to Article 25 (1) of the Rules on Criminal Procedure, if there is a danger, "if there is a danger" in Part 2, 15 of the decision of the court below shall be corrected to "the danger exists"