The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (five million won of a fine) is too unhued and unfair.

2. In light of the fact that the Defendant’s blood alcohol concentration is very high at the time of the instant case and the distance of driving is not short, etc., which are disadvantageous to the Defendant.

On the other hand, however, the defendant shows the attitude of recognizing and opposing his mistake, the risk of drunk driving is not realized, and the defendant's primary offender is favorable to the defendant. In full view of all the sentencing conditions in the arguments in this case, such as the defendant's age, character and behavior, environment, motive for the crime, and circumstances after the crime, the court below's punishment cannot be deemed to be excessively unreasonable.

Therefore, prosecutor's 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.