The prosecutor's appeal is dismissed.

1. The sentence of a fine of KRW 7 million imposed by the original court on the summary of the grounds for appeal is too unfasible and unreasonable.

2. In light of the fact that the Defendant was punished twice due to drinking alcohol in 2008 and 2012, and the Defendant was sentenced to a suspended sentence of imprisonment due to a violation of the Punishment of Violences, etc. Act (joint injury) in 2014, and was under the suspended sentence of imprisonment on May 12, 2015, and was under the suspended sentence, even when he was under the influence of 0.108% of alcohol during blood, it is clear that it is necessary to sentence more severe punishment to the Defendant, considering the fact that the Defendant committed the instant crime in which he was under the influence of 0.184% of alcohol during blood transfusion on May 14, 2015, which was 200 days after the date of the said crackdown, and 0.184% after May 14, 2015.

However, the following should also be considered in determining the punishment against the Defendant: (a) the instant crime was committed on the ground that the vehicle driven a blab and the risk cannot be assessed as the same as the vehicle driven a general motor vehicle; (b) the Defendant took the attitude of recognizing and reflecting the mistake; and (c) the previous conviction of the suspended sentence is related to the crime that entirely differs from the instant crime.

Considering the above circumstances and the overall circumstances such as the Defendant’s age, sexual conduct, environment, background of the crime, circumstances after the crime, etc., the punishment sentenced by the court below is within the scope of the reasonable discretion for sentencing.

The decision is judged.

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.