The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (a fine of KRW 10 million) is unreasonable because it is too unfilled.

2. In light of the fact that the Defendant had been punished twice due to drinking driving in the past and, in particular, repeated driving during the period of probation due to drinking driving, etc., the Defendant’s liability for the crime of this case is not less than that of the Defendant. However, considering the Defendant’s age, character, intelligence and environment, motive and circumstance of the crime of this case, the motive and circumstance of the crime of this case, and circumstances after the crime of this case, etc., the Defendant’s punishment cannot be deemed unreasonable since it is too unreasonable for the prosecutor’s assertion that the Defendant’s punishment was imposed, considering all of the above circumstances, since the distance was not relatively long, the blood alcohol concentration level at the time was high and the accident of this case was not caused by the crime of this case.

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.