The prosecutor's appeal is dismissed.

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

2. The judgment of the Defendant committed the instant crime even though he had been punished by a fine of KRW 1.5 million due to a drunk driving around 2009.

At the time of the instant crime, the blood alcohol concentration of the Defendant was considerably high by 0.149%, and the foregoing vehicle was caused by the accident.

However, the defendant has no record of criminal punishment in addition to the above penalty power, and has committed a crime in depth and has not committed a second offense.

In full view of all kinds of sentencing conditions shown in the records and pleadings, including equity with regard to punishment imposed in cases where the defendant is responsible for the livelihood of his/her wife and two children, is faithfully living in his/her workplace, and other similar cases, the punishment imposed by the court below cannot be deemed unfair because the sentence imposed by the court below 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.