The prosecutor's appeal is dismissed.

The court below sentenced a fine of eight million won in consideration of the defendant's age, sexual behavior, etc., although the defendant led to a confession and reflect of the crime, the previous records of punishment due to drinking, etc., but the same records of punishment are once a fine, and other factors.

In light of the fact that it is necessary to strictly punish the drinking offender, the defendant is a second offender, and the blood alcohol concentration as 0.263%, etc., the sentence of the court below is too minor.

In 2013, the Defendant continued to drive the instant drinking in a high level of 0.263% alcohol level without weighting, despite the fact that the Defendant had been punished by a fine of one million won due to drinking driving in 2013.

The court below seems to have judged sentencing, including the circumstances asserted by the prosecutor.

The sentencing of the lower court is determined within the scope of the discretion of sentencing by taking into account all the conditions of sentencing, including the circumstances referred to in paragraph (1), the age, sex, and circumstances after the crime, and it cannot be deemed appropriate and unfair.

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