The prosecutor's appeal is dismissed.

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. The crime of this case on the part of the defendant, while under the influence of alcohol 0.078%, causes a traffic hazard by driving a vehicle with 2 km alcohol concentration in blood. The crime of this case is committed again despite the fact that the crime of this case was committed twice a fine for the same kind of crime. The current Road Traffic Act stipulates that the person who violated the prohibition clause on the driving of alcohol more than twice is punished more strictly for the purpose of preventing the driving under the influence of alcohol that threatens traffic safety and overcoming the awareness of such a danger, as in this case, shall be disadvantageous to the defendant.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant recognized the crime of this case and did not repeat the crime of this case, disposed of the vehicle used for the crime of this case while the defendant did not repeat the crime of this case, the degree of his driving was not severe, the fact that the drinking was under the previous night, and there were some circumstances to be taken into account as to the circumstances, such as the fact that there was no additional traffic accident due to the crime of this case, and that there was no other criminal force other than the fine of this case, and that there was no other criminal force other than the above two times, it is not recognized that the sentence of this case is unfair because it is too uneasible.

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.