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 committed the instant crime even though he/she had been punished twice by a fine due to drinking driving.

At the time of the instant crime, the Defendant’s blood alcohol concentration is considerably high to 0.104%.

However, there is no record that the defendant has been punished for the suspension of qualification or heavier punishment, and the defendant should not repeat the crime with his depth divided.

Considering that the defendant is responsible for the livelihood of his wife and two dependants, and all the sentencing conditions in the records and pleadings, such as the defendant's age, character and conduct, environment, etc., the sentence 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.