2. Determination is an unfavorable circumstance to the Defendant for the following reasons: (a) the Defendant was under a violation of the Road Traffic Act (drinking driving); (b) a fine of one million won on February 22, 2001; (c) a fine of one million won on November 26, 2007; and (d) a fine of three million won on March 12, 2008; (b) the Defendant was under a punishment of a fine of three million won on March 12, 2008; and (c) the alcohol level during blood transfusion was not lower than 0.098%.

However, the fact that the defendant is recognized as committing the crime of this case, that the defendant committed the crime of this case in the course of moving the vehicle from a nearby restaurant to a parking problem, that the distance of driving under drinking is shorter than 5 meters, that the restaurant operator who called the defendant to park at the time and the couple who requested the defendant to promptly cut off the vehicle, etc. are favorable to the defendant.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.