The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the sentence of the lower court (7 million won of a fine) is too unfilled.

2. Although the Defendant had a record of having been punished several times due to the same kind of crime, the Defendant was also driving without a license for drinking alcohol in the instant case.

The blood alcohol concentration at the time of drinking driving of this case is 0.128% high.

These circumstances are disadvantageous to the defendant.

On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant recognizes his criminal act and reflects the wrong, that the defendant disposes of the instant vehicle under the name of his spouse, that there is no punishment imposed by the defendant exceeding the fine, that if the defendant is sentenced to imprisonment, his/her workplace will be lost and that the living of the defendant and his/her family might be difficult.

In addition to this point, in full view of various circumstances, including the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is too unjustifiable and unreasonable.

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.