The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s sentence (one million won of the penalty surcharge) is too unhutiled and unreasonable.

2. In full view of the circumstances that are unfavorable to the Defendant, the Defendant’s primary offender, the driving distance of the Defendant’s drinking was considerably short of about 10 meters, the substitute driver’s license to have arrived for the Defendant’s apartment for the convenience of returning home of the substitute driver, and the fact that there is no particular change in sentencing conditions compared with the lower court’s judgment, etc., the lower court’s punishment is too unafford and unfair, and thus, 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.