2. The Defendant committed the instant crime even though he/she had been punished twice due to driving under drinking, and the fact that he/she had been punished several times due to traffic-related crimes other than drinking driving, etc. are disadvantageous to the Defendant.

However, in full view of the following circumstances, it is reasonable to respect the Defendant’s crime of this case: (a) the Defendant recognized and reflects the instant crime; (b) there is no criminal record of a suspended sentence due to drinking driving; (c) there is a family member to support the Defendant; and (d) there is no change in the conditions of sentencing compared to the lower court’s judgment; and (b) the sentencing of the lower court is not beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015) and other circumstances that form the conditions for sentencing as shown in the instant records and pleadings, such as the Defendant’s age, environment, sex, motive for the crime; and (d) circumstances before and after the crime, it cannot be deemed unfair

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.