The prosecutor's appeal is dismissed.

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. It is recognized that the judgment defendant has been sentenced to a fine or a suspended sentence for a period of time over these hundreds and that there is a record of punishment for the same kind of crime.

However, considering the fact that the Defendant’s mistake is divided, the driving distance of drinking is shorter than 10 meters, the drinking alcohol level (0.083% alcohol level during blood transfusion), the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions specified in the pleadings of the instant case, such as the circumstances after the instant crime, the lower court’s punishment is too uneasible and unreasonable.

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.