The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The defendant's distance driven at the time of the instant case is about 60m relatively.

At the time, the place where the defendant was driven by the defendant is concentrated in a post office, the upper Myeon community center, the senior citizens' welfare center, the senior citizens' welfare center, the upper Myeon box, the upper Myeon branch, etc., and it seems that it is not actually separate from the parking lot. Accordingly, it is not a problem that driving the short distance in the parking lot by the defendant

C. It seems that he thought that he could be somewhat weak.

When examining the process of the detection of the instant case, such as the Defendant’s request for a measurement of drinking in order to obtain confirmation as to whether the Defendant would have been driving by driving a police box, it is difficult to view that the instant drinking driving constitutes a case where the Defendant has to strictly punish the Defendant under the different nature and quality of other drinking driving crimes.

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too uneasible and unfair.

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 grounds that the appeal is without merit. It is so decided as per Disposition.