The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of 2.5 million won) declared by the lower court is too unhued and unreasonable.

2. The judgment of the blood alcohol concentration is relatively high to 0.174%, and the Defendant again commits the instant crime without being aware of the fact that he/she had committed a repeated crime in the same kind of crime, etc. is disadvantageous to the Defendant.

However, considering favorable circumstances, such as the defendant's recognition of the crime of this case and the attitude against the defendant, the crime of this case is driving a substitute driver to the entrance of the parking lot in order to capture the substitute driver, the motive and circumstances may be considered, and the distance of the defendant's driving is about 15 meters, and other favorable conditions, such as the defendant's age, character and behavior, environment, etc., the punishment imposed by the court below is too unjustifiable.

Therefore, the prosecutor's above assertion is without merit.

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