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. The Defendant again committed the instant crime even though he/she had the record of punishment for drinking or unlicensed driving (suspension of execution, suspension of execution, and fine), and the blood alcohol concentration at the time was 0.097% high.

However, the defendant has no record of being punished for the same crime after being punished by a fine due to drinking, driving without a license in 2009.

In full view of the fact that the distance of the Defendant’s driving is relatively short, and that the mistake of the instant crime is recognized and reflected in depth, and all of the sentencing conditions shown in the records and arguments, such as the Defendant’s age, character and conduct, environment, etc., it cannot be said that the sentence imposed by the lower court is too uneasible and unreasonable.

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.