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 judgment of the Defendant had the record of being punished twice due to drinking driving, and again committed the instant crime, and the blood alcohol concentration was very high by 0.289%.

However, there is no record of criminal punishment exceeding a fine, and one time of drinking driving, among the two times, has been relatively old as a crime in 2006, and the defendant has not committed the crime in this case in depth and has not committed the crime in this case.

It seems that the defendant was living in his/her place of residence, supported his/her wife, provided various volunteer activities, and live in good faith.

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.