2. The lower court determined that the Prosecutor had already been sentenced to punishment by fully taking account of all the circumstances, including the circumstances alleged as the grounds for appeal.

Defendant recognized the instant crime and had no record of punishment exceeding a fine due to drinking driving.

The crime of this case is partially considered in the circumstances of driving as the defendant, who is drinking alcohol and diving at the vehicle, listens to the horses that he gets off the vehicle from others and gets off the vehicle.

In addition, even if all the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, are re-examineed, the sentence of the court below is too weak.

Therefore, prosecutor's assertion is not accepted.

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.

(However) In accordance with Article 25(1) of the Rules on Criminal Procedure, the phrase “the law on facts of crime” of the judgment of the court below shall be sentenced to “the pertinent law and the choice of punishment for the facts of crime” of the two pages 20 of the “application of the law” of the court below ex officio, and the phrase “each choice of imprisonment” shall be corrected at the end of the end of the 2th 21th 21th