The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal that the court below rendered by the defendant (7 million won of a fine) is too unhued and unfair.

2. Determination Doctrine, the Defendant, even though having been subject to punishment for the same kind of crime, has come to the crime of this case, and the possibility of criticism is high, and the risk of drinking driving is realized, etc. is disadvantageous to the Defendant.

However, in light of the following factors: (a) the Defendant recognized the instant crime and appeared to reflect the Defendant; (b) the distance of the Defendant’s driving at the time is relatively short; and (c) the Defendant has no penalty power exceeding the fine, etc., which are favorable to the Defendant; and (d) comprehensively considered all the sentencing conditions of the instant case’s pleadings, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) the circumstances after the crime, etc., the lower court appears to be within reasonable and appropriate scope;

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 as it is without merit. It is so decided as per Disposition.

(However, Article 53 and Article 55 (1) 3 of the Criminal Act for Discretionary Mitigation is apparent that “1. Discretionary Mitigation is a clerical error in Article 53 and Article 55(1)6 of the Criminal Act.” Thus, Article 25(1) of the Regulation on Criminal Procedure is correct ex officio in accordance with Article 25(1) of the Criminal Procedure Act.