The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of seven million won) declared by the lower court is too unhued and unreasonable.

2. The Defendant previously committed the instant crime even though he/she had been sentenced to punishment several times due to drinking or unlicensed driving (six times a fine), and in particular, on May 24, 2012, was sentenced to a suspended sentence of three years due to a violation of the Road Traffic Act (unlicensed driving) at the Daejeon District Court’s official support on May 24, 2012, and was sentenced to a suspended sentence of four years due to the violation of the Road Traffic Act (unlicensed driving).

However, at the time of committing the instant crime, the Defendant’s blood alcohol concentration is not high at 0.085%, and the driving distance is shorter than 400 meters, and the occurrence of traffic accidents is not occurred, the Defendant’s imprisonment is not re-offending with depth, and the Defendant’s imprisonment with prison labor is deemed to be too harsh in light of the degree of the instant crime, and it appears that it would be too harsh in view of the Defendant’s age, character and behavior, environment, motive and background of the instant crime, method of and consequence of the instant crime, and various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances after the crime, etc., it is difficult for the Prosecutor’s above 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.