2. The fact that the judgment defendant had been punished twice due to the same crime, and that the defendant committed the crime of this case even though he was under the suspension of imprisonment due to the crime of this kind, is disadvantageous.

However, in light of the favorable circumstances, such as the Defendant’s blood alcohol concentration relatively low, the Defendant’s mistake is divided and reflected, the Defendant does not repeat the offense, and the family members to be supported, and the Defendant’s age, sex, environment, circumstances and results of the instant crime, and all of the sentencing conditions indicated in the instant case, such as the following: (a) the Defendant’s blood alcohol concentration in the Defendant’s blood is too low; and (b) the Prosecutor’s assertion is not reasonable, as such, is not reasonable.

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.