The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. The Defendant had two previous drivings of drinking, set a vehicle on one lane on the road, and locked down on the police, and the alcohol concentration in the blood driving of the instant drinking was considerably high by 0.182%.

However, in full view of the following circumstances: (a) the Defendant was aware of the facts charged, and the distance of driving the drinking of this case does not exceed 1 km; and (b) the Defendant’s age, environment, occupation, family relationship, circumstances leading to the instant crime, and circumstances leading to the instant crime, etc., the lower court’s punishment is deemed unfair and unreasonable.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.