The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of KRW 15 million) declared by the lower court is too unhued and unreasonable.

2. The judgment that the defendant had been punished for driving under the influence of alcohol twice is an unfavorable condition to the defendant.

However, comprehensively taking account of the following factors: (a) the Defendant recognized his mistake and reflects; (b) there was no history of punishment exceeding a fine; and (c) the Defendant’s age, character and conduct; (d) motive of the crime; (e) blood alcohol concentration; (e) the degree of driving distance; and (e) circumstances after the crime, etc., the sentencing of the lower court appears to have been conducted within the reasonable scope of discretion by taking into account all the sentencing conditions specified in the proceedings of the instant case; and (e) there was no special change in circumstances that may change the sentencing of the lower court, and thus, it cannot

Therefore, the prosecutor's above assertion is without merit.

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.