The prosecutor's appeal is dismissed.

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

2. It is recognized that the Defendant committed the instant crime even if the judgment was finalized on September 20, 2012, even if he/she had been sentenced to punishment several times due to drinking driving, etc. (three times of fine, one time of imprisonment, and one time of suspended sentence of imprisonment), and the Daejeon District Court sentenced on April 18, 2012 to eight months of suspended sentence for embezzlement and was sentenced to two years of suspended sentence, and the judgment became final and conclusive on September 20, 2012.

However, at the time of the instant crime, the Defendant’s blood alcohol concentration is not high at 0.078%, and the driving distance is shorter than 300 meters, and the occurrence of traffic accidents is not occurred, the Defendant’s imprisonment is divided in depth with respect to the instant crime, and the Defendant’s imprisonment with prison labor is deemed to be too harsh in light of the degree of the instant crime. In addition, considering the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, method of the crime, result of the crime, and various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances after the crime, it is difficult for the Prosecutor’s above assertion is without merit.

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.