The prosecutor's appeal is dismissed.

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

2. Circumstances unfavorable to the defendant are as follows.

The Defendant committed the instant crime even though he had been sentenced to a fine three times due to drinking driving in 2002, 2011, and 2017.

Circumstances favorable to the defendant shall be as follows:

The Defendant recognized the instant crime and runs against the Defendant.

There is no history that the defendant has been punished beyond a fine.

At the time of the instant case, the alcohol concentration among the blood of the Defendant is 0.051% lower than that of the Defendant.

The remainder of the previous convictions other than the previous convictions of drinking in 2017 are somewhat old from the date of the instant crime. The alcohol concentration among the bloods before driving in 2017 is 0.054% and 0.099% of the bloods before driving in 2011.

In addition to the above circumstances, taking into account the following circumstances, the Defendant’s character, experience, environment, the background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and theories of change, such as the circumstances after the crime, the lower court’s punishment against the Defendant cannot be deemed as unfair because it is too unfasible.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.