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 Defendant committed the instant crime during the period of suspended execution due to the crime of injury, etc., and the Defendant has already been punished four times due to drunk driving.

그러나 피고인은 공소사실을 인정하면서 반성하고 있고, 이 사건 혈중알콜농도가 0.053%로서 낮으며, 이 사건 운전 경위에 참작할 사정(전날 음주로 인해 오전까지 술이 덜 깸)이 있다.

In addition, comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, character and conduct, environment, occupation, and circumstances after the crime, the lower court’s sentence is not deemed unreasonable.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.