The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is too unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, such as that the Defendant driven a motor vehicle while under the influence of alcohol 0.229%, and that the nature of the crime cannot be deemed to be less than that of the Defendant, and that there was any record of punishment for drunk driving.

On the other hand, the fact that the Defendant led to the confession of the crime, and the driving distance is relatively short (10m) is favorable to the Defendant. In full view of the various sentencing conditions indicated in the instant case, such as the Defendant’s age, occupation, motive for the crime, means and consequence of the crime, etc., the lower court’s punishment cannot be deemed as being too uneasible and unreasonable.

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