The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 5,00,000 (the fine of KRW 5,000) is too unhued and unreasonable.

2. The judgment is an unfavorable circumstance to the defendant that the defendant had a history of criminal punishment for two times, including the suspension of the execution of two times due to drinking driving, and once again breath under drinking alcohol, and that the defendant's blood alcohol concentration at the time of the instant case was very high to 0.215%.

On the other hand, the following conditions are favorable.

The Defendant seems to walk the starting of a vehicle parked in an underground parking lot and listen to music, moving a vehicle with approximately three meters, and moving the vehicle again, and there is no intention to get off the vehicle out of the underground parking lot.

The defendant is going against the crime and again not to drive under the influence of alcohol.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, Defendant’s age, character and conduct, environment, and circumstances after the instant crime, etc., the lower court’s punishment is too unjustifiable and unreasonable. Therefore, the Defendant’s assertion is without merit.

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.