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. At the time of the instant judgment, the Defendant’s blood alcohol concentration is relatively high is disadvantageous to the Defendant.

On the other hand, considering the fact that the defendant had a history of punishment for the same kind of crime, but is relatively old, that the defendant reflects his fault in depth, and other various conditions of sentencing such as the defendant's age, sex, environment, and circumstances after the crime, the sentence of the court below does not seem to be unfair because it is too unfasible.

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

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