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 of the Defendant committed the instant crime again with the records of punishment (three times of fine and one time of suspended execution) due to drinking driving.

Blood alcohol concentration was also 0.129% higher.

However, since 2008, the Defendant did not have any record of punishment for the same crime for about six years prior to the crime of this case, and did not repeat the crime in depth.

The defendant is responsible for the livelihood of wife and elementary school students while working in agricultural cooperatives.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.