The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible that the sentence (five million won penalty amount) imposed on the defendant is too unfased.

2. Determination is an unfavorable condition to the Defendant, on October 25, 2004, that the Defendant had been punished by a fine of KRW 4 million on October 25, 2004, and a fine of KRW 1.5 million on December 14, 2015, but in addition, the Defendant committed the instant crime, and the blood alcohol concentration was not lower than 0.115%.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and reflected, the first driving force of drinking has already passed for at least ten years, and the fact that there is no other criminal records other than fines twice.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.

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.