The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of seven million won) declared by the lower court is too unhued and unreasonable.

2. On March 27, 2013, the Defendant had been sentenced to three times of punishment due to drinking driving, etc., and was sentenced to two years of suspended sentence for the violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on March 27, 2013, and committed the instant crime during the suspended sentence period.

However, the Defendant did not have any other criminal records except punishment due to drinking, unlicensed driving, etc., and the Defendant’s blood alcohol concentration at the time of committing the instant crime is relatively high to 0.081%.

The defendant is divided in depth into the crime of this case and does not repeat the crime of this case, and is working as a production worker of a lighting company, and supports his parents.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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.