2. Determination of the crime of this case is a situation unfavorable to the defendant since the defendant, who has been punished twice or more due to drinking driving, did not obtain a driver's license and is not good in quality of the crime, the defendant has already been subject to criminal punishment several times for the same crime, the blood alcohol concentration level at the time of detection was relatively high 0.125%, and the drinking driving is a crime that may cause serious danger to the life and property of a high person.

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake in depth, that there is no past record of criminal punishment exceeding the fine, that the wife and children should be supported, and that it is hard to say that they will not repeat again, etc. are favorable to the defendant.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.