2. The nature of the crime is heavy in that the judgment of the defendant repeats drinking while driving alcohol and driving alcohol in this case during the suspension of the execution of imprisonment due to fraud.

However, in light of the fact that the Defendant shows a misunderstanding, and that the drinking volume at the time of the instant case was not relatively high, and other various sentencing conditions in the record, such as the background of the crime, the circumstances after the crime, the age of the Defendant, and the sexual conduct, etc., the sentence of the lower court is too uneasible and unreasonable.

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.