The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (eight million won of a fine) is too unhued and unreasonable.

2. The judgment of the defendant has a record of being punished for each fine due to driving under influence in 2005, driving under influence of alcohol in 2007 and 2008, and that the blood alcohol content reaches 0.149% is disadvantageous circumstances or that the defendant seems to have recognized and reflected his mistake. As above, the defendant did not drive under influence of alcohol in 2008 for five years or more after driving under influence of alcohol in 2008, and the defendant did not drive under influence of alcohol in 2008, and considering all favorable circumstances, such as the defendant's age, character and behavior, environment, circumstances and result of the crime in this case, and the sentencing conditions in this case, such as the following circumstances, the court below's punishment is too unjustifiable and unreasonable. Thus, the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.