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. In light of the following factors: (a) the Defendant appears to have drinking to a considerable extent, such as the Defendant’s appearance at the time when the Defendant was discovered, and the Defendant’s failure to comply with the police officer’s request for measurement of drinking; (b) the Defendant acknowledged the instant crime; (c) there was no record of being punished or punished in excess of the same type of crime before the instant case; (d) there was no circumstances or change of circumstances that may be newly considered in sentencing after the judgment of the lower court was rendered; and (c) other factors of sentencing as shown in the trial process, such as the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime; and (d) the court below’s sentence is too uneasy and unfair; and therefore, the prosecutor’s aforementioned 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 prosecutor's appeal is without merit. It is so decided as per Disposition.