The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The Defendant has twice the record of being punished for driving under drinking alcohol.

However, the distance of the defendant's driving is about 30 meters, and there is no history that the defendant was punished by a fine exceeding the fine.

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too uneasible and unfair.

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.