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 judgment that the defendant has been punished twice due to a violation of the Road Traffic Act (drinking driving) is an unfavorable condition to the defendant.

However, considering the fact that the Defendant’s drinking volume is very high, that the distance of the Defendant’s driving is relatively short, that the Defendant recognizes and reflects his mistake, and that other circumstances revealed in the argument in this case are equally considered, the lower court’s punishment is too unfeasible and it is not deemed unfair, and thus, the Prosecutor’s assertion is rejected.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.