The prosecutor's appeal is dismissed.

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

2. The Defendant had been punished several times due to drinking or unlicensed driving, and committed the instant crime again during the period of suspension of execution.

Blood alcohol concentration was 0.131% higher.

However, the defendant has no record of criminal punishment in addition to the previous five years of probation.

The defendant committed the crime of this case and did not repeat the crime.

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.