The prosecutor's appeal is dismissed.

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

2. The judgment of the defendant has a record of being punished several times due to drinking driving, and in particular, even though he had been sentenced to imprisonment for four months due to the violation of the Road Traffic Act (driving) on September 22, 2004, he committed the crime of this case.

However, the Defendant committed the instant crime in depth and did not repeat again. In full view of the circumstances in which the Defendant was driving a vehicle of the Defendant in order for a substitute driver to drive the vehicle to move the vehicle of the Defendant to the side, driving distance, the age, character and conduct of the Defendant, environment, etc., and all of the sentencing conditions indicated in the pleadings, the sentence imposed by the lower court is too uneasible.

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.