The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. The Defendant had a record of being punished several times due to drunk driving, and the blood alcohol concentration was 0.113% higher.

However, the defendant has no history of criminal punishment exceeding a fine.

The crime of this case is about 30 meters since the defendant received a request to move a vehicle parked, and thus, it can be considered in the circumstances of driving, and the distance of driving is shorter.

The defendant's mistake has been divided in depth and has not committed a second offense.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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.