The prosecutor's appeal is dismissed.

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

2. On February 5, 2005, even though the Defendant had been sentenced to a fine of KRW 1,00,000 for the violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site, the Defendant did not lower the type of the instant crime and did not have such a nature that the Defendant committed the instant crime.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects on the recognition of the Defendant; (b) the blood alcohol concentration in the Defendant’s blood alcohol level at the time of drunk driving is not relatively high as 0.073%; and (c) the driving distance is merely 25 meters; (b) the Defendant has no record of criminal punishment after the previous conviction; and (c) other circumstances that form the condition for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, the lower

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

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