The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (eight million won in penalty) is too unhued and unreasonable.

2. Considering the fact that the Defendant again committed the instant drinking crime even though he had a previous record of a fine for driving three times, the driving of drinking is likely to cause serious harm to an unspecified person, and the social risk is considerably high, and the Defendant’s driving at the time of the instant crime is not insignificant, strict punishment against the Defendant is necessary.

However, in full view of the following: (a) the Defendant’s mistake is recognized and is in depth and reflected by the Defendant; (b) the driving of drinking without causing any traffic accident; (c) the distance from driving of drinking is relatively short; (d) the Defendant has no record of committing a crime exceeding the fine; and (e) other various sentencing conditions specified in the argument in the instant case, including the background of the instant crime; (b) the circumstances after the commission of the crime; (c) the Defendant’s age; and (d) the Defendant’s sexual behavior; and (c) the Prosecutor’s assertion

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.