2. Although the defendant, despite the past record of being punished as a crime of the same kind, was driving a motor vehicle under the influence of 0.214% of blood alcohol concentration, the defendant did not have the record of criminal punishment except for the punishment of a fine for the same kind of crime, and the defendant recognized the crime of this case and expressed that he/she would not commit the crime of this case in depth, and again, he/she would not commit such a crime again. In full view of the fact that it is difficult for the defendant, who is employed as a contractual employee at the present workplace, to be employed as a regular employee for a considerable period of time when he/she is sentenced to a suspended sentence or higher, and other various circumstances, such as the defendant's age, character and behavior, environment, family relationship, circumstance after the crime, etc., the prosecutor's argument above is not reasonable, since the sentence imposed by the court below is too unreasonable.

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