The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal in light of the following: (a) the Defendant, who has been punished several times due to the violation of the Road Traffic Act due to the drinking driving as in this case, committed the instant crime without being subject to the suspension of the execution, and thus, the risk of recidivism is substantial; and (b) there is a social consensus on the necessity of the strict punishment for drinking driving; and (c) the punishment of the lower court (fine 7 million won) is too unreasonable.

2. We examine the judgment on the grounds of appeal, and the above circumstances alleged by the prosecutor are deemed to have been sufficiently considered in the court below’s determination of the punishment at the court below. Moreover, considering the various factors of sentencing revealed in the proceedings of the instant case, such as the fact that the Defendant committed the instant crime, and the Defendant is 0.036% of the blood alcohol concentration, it does not seem to have exceeded the reasonable scope of discretion because the sentencing of the court below is too unfeasible.

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