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. In light of the fact that the accused was punished by a fine on three occasions due to the same kind of violation of the Road Traffic Act, even though he/she had the record of repeated driving of drinking, it is necessary to strictly punish the accused.

However, the fact that the defendant is recognized as committing a crime and is divided in depth, that the defendant has no particular criminal power except for the above previous conviction, that the distance of the defendant's driving is relatively not long, and that there is no accident, etc. are favorable to the defendant.

In addition, taking into account the Defendant’s career, character and conduct, environment, drinking volume, motive and circumstance of the offense, and all the sentencing conditions indicated in the record and pleadings, the sentence of the lower court cannot be deemed unfair because it 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.