The prosecutor's appeal is dismissed.

1. The lower court’s sentence (10 million won in penalty) against the Defendant on the summary of the grounds of appeal is unreasonable as it is too unfasible.

2. The judgment on the grounds of appeal was examined, and the defendant had been punished for the same kind of crime, and the defendant appears to have not opened to the crime of this case, and the defendant's blood alcohol concentration at the time is very high and the danger of driving under drinking is realized, etc. are disadvantageous to the defendant.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant shows an attitude against his mistake, the short distance of the defendant's driving at the time, the fact that the defendant did not repeat the crime by disposing of the vehicle, and the fact that the social ties of the defendant seems to be relatively sound, etc., the court below's punishment is too unjustifiable, in full view of all the sentencing factors of this case, including the defendant's age, sex and environment, motive, means and consequence of the crime, the motive, means and consequence of the crime, and the circumstances after the crime, etc.

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.