2. The Defendant had been punished several times, including two times of punishment due to drunk driving, and committed the instant crime again during the period of repeated crime.

However, the defendant did not repeat the crime of this case, such as reflecting the error of the crime of this case in depth and disposing of the vehicle.

The crime of this case was committed by the defendant with the previous alcohol level of 0.072%, since the defendant driven a motor vehicle after drinking alcohol and diving, it can be considered in the circumstances.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed unfair because the sentence imposed by the court below is too uneasible.

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.