The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of KRW 7.5 million) declared by the lower court is too unhued and unreasonable.

2. On July 20, 201, the Defendant had been sentenced to punishment on several occasions due to drinking or unlicensed driving, and again committed the instant crime during the suspension period after being sentenced to imprisonment for eight months due to the violation of the Road Traffic Act, the Road Traffic Act (non-licensed driving), and the violation of the Guarantee of Automobile Accident Compensation Act, and two years of suspended execution.

At the time, blood alcohol concentration was very high by 0.177%.

However, the Defendant has been imprisoned in depth to commit the instant crime, and is against himself.

The distance of the defendant's driving is a relatively short range of 800 meters.

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 as it is without merit. It is so decided as per Disposition.