2. The judgment on the grounds of appeal is an unfavorable circumstance to the defendant that the defendant repeats the crime despite the record of punishment for the same kind of crime, that the defendant's blood alcohol level at the time of drunk driving is high, and that the risk of the crime of this case is realized due to the occurrence of a traffic accident while drunk driving.

On the other hand, the fact that the defendant does not repeat again while he reflects his wrongs, that the distance of the defendant's drunk driving is relatively short, that the defendant has no penalty power exceeding the fine, and that there are some circumstances that can be considered in the living environment of the defendant is favorable to the defendant.

In addition, in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and all of the sentencing factors indicated in the instant records and pleadings, such as the circumstances after the crime was committed, the lower court’s sentence is too unjustifiable.

Therefore, prosecutor's 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 ground that it is without merit. It is so decided as per Disposition.

(However, it is clear that "Article 55 (1) 3" in Part 2 of the judgment of the court below is a clerical error in Article 55 (1) 6" in Part 14 of the judgment of the court below, and such dismissal is corrected as above in accordance with Article 25 (1) of the Rules on Criminal Procedure.