The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. The judgment on the grounds of appeal is an unfavorable circumstance to the Defendant that: (a) even though the Defendant had been punished for committing a crime of drinking alcohol, re-offending the crime; (b) the distance from driving alcohol and alcohol concentration in the blood at the time of driving alcohol are considerable; and (c) the risk of driving alcohol is

On the other hand, the fact that the defendant does not repeat again while he reflects his mistake, and that the defendant does not have any record of punishment exceeding the fine is favorable to the defendant.

In addition, considering the Defendant’s age, gender and environment, motive, means and consequence of the crime, and all of the sentencing factors in the process of the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is too unjustifiable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, 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.