The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 5,00,000 (the fine of KRW 5,000) is too unhued and unreasonable.

2. The judgment on the grounds of appeal is an unfavorable circumstance to the Defendant, even though the Defendant had a record of punishment for drunk driving.

On the other hand, the defendant should not repeat again while reflecting his mistake, there is no criminal power exceeding the fine, the distance of the defendant's drunk driving is relatively short, and the risk of the drinking driving is not realized.

In addition, in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and all of the sentencing factors indicated in the instant records and pleadings, such as the circumstances after the crime was committed, it cannot be deemed that the lower court’s punishment is too unreasonable.

Therefore, prosecutor's 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 ground that it is without merit. It is so decided as per Disposition.

(However, since it is apparent that "Article 55 (1) 3" in Part 2 of the judgment of the court below is a clerical error in Article 55 (1) 6, in accordance with Article 25 (1) of the Rules on Criminal Procedure, it shall be corrected as above in accordance with Article 25 (1) of the Rules on Criminal Procedure).