The prosecutor's appeal is dismissed.

1. The court below's decision on the grounds of appeal by the prosecutor is unreasonable because it is too unfasible to the punishment (six million won of a fine).

2. Although the nature of the instant crime is not good, the time when the Defendant driven a car is relatively frequent at 05:05:05 a.m., and the Defendant confessions the instant crime and reflects the mistake, taking full account of all the circumstances revealed in the instant pleadings, such as the Defendant’s age, character and conduct and environment, motive, means and consequence of the instant crime, etc., the Defendant’s punishment is too uneasible and unreasonable, and the Prosecutor’s aforementioned assertion is without merit.

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

(However, since it is obvious that " November 2, 2010" in the second sentence of the first criminal facts of the lower judgment is a clerical error in the " November 12, 2010", it shall be corrected ex officio).