The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. In light of the circumstances unfavorable to the Defendant, the lower court determined a sentence against the Defendant by taking account of the Defendant’s age, sex behavior, environment, motive or circumstance of the crime, circumstances after the crime, etc., taking into account the following factors: (a) the Defendant had been sentenced to a fine not less than twice due to drinking driving; (b) the Defendant was seriously against the Defendant; (c) the Defendant was exposed to work at the morning following the day after the day of night drinking; (d) some circumstances were to be taken into account in the course of the crime; (e) the amount of alcohol concentration in the blood was 0.069%; (e) the Defendant had no criminal record exceeding the fine; and (e) the Defendant had no criminal record for the last five years; and (e) the Defendant was sentenced to punishment by taking into account all the sentencing conditions

Inasmuch as the sentencing of the lower court appears to have been conducted within the reasonable scope of discretion by fully taking into account the above conditions of the sentencing, it is difficult to view that the lower court’s sentence is too uneasible and unfair.

Therefore, 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.