2. The judgment of the court below is a favorable condition for the defendant, who was sentenced to the suspended sentence due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the violation of the Road Traffic Act, etc., and committed the crime of this case during the suspended sentence. However, the defendant's act of drinking driving alone is not sentenced to the suspended sentence. On the other hand, the defendant's past record of drinking driving is the only criminal record of the suspended sentence except ten years prior to a fine, the defendant recognizes his mistake and reflects his behavior, and the defendant currently supports his parents while carrying out workplace life and volunteer activities in good faith and takes responsibility for his family's livelihood. In full view of various sentencing conditions shown in the argument of this case, the court below is not recognized to be unfair since the sentence is too uneasible. Thus, the prosecutor's assertion above is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.