The prosecutor's appeal is dismissed.

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

2. The judgment defendant has been punished three times due to drinking driving, and again committed the crime of this case.

Blood alcohol concentration was also 0.173% higher.

However, the two times of drinking driving of the above three times has been punished in 2005, and it is relatively old, and the defendant has not committed a second offense against the mistake of crime in depth.

There is also a situation in which the defendant raises the children of elementary school students living alone while working in Mart.

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.