The prosecutor's appeal is dismissed.

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

2. The judgment below seems to have sentenced the above punishment by comprehensively taking into account the circumstances favorable to the defendant (the fact that the defendant seems to have recognized all of the crimes in this case, and that since 2009, the defendant was not punished for the same kind of crime, and that at the time of the crime in this case, the defendant would have been expected to drive at the time when 13 hours elapsed, not immediately drive after drinking, and the break is withdrawn and 13 hours passed) and unfavorable circumstances (the defendant was already punished several times for the same crime, and he was sentenced to suspended sentence due to drinking driving, and he committed the crime in this case before he completed his life due to interference with business, etc. and completed his life due to the crime of interference with business, etc., and even after the period of repeated offense expires, he was committed before the degree of drinking was reduced at the time of the crime in this case, and there was no urgent circumstances that the defendant had to drive at the time of the crime.)

In addition, in full view of the matters on the conditions of sentencing recognized in the trial and the Defendant’s age, environment, ordinary character and conduct, health conditions, the degree of property, family relationship and social ties, and the circumstances following the instant crime, etc., there is no different circumstance where the lower court’s determination of sentencing is deemed to have exceeded the reasonable bounds of discretion or is deemed to have been unfair to maintain it as it is (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). As such, the lower court’s sentence is appropriate, and it is not deemed unfair as it is too unreasonable.

Therefore, 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.