2. In full view of the following circumstances: (a) the Defendant again committed the instant crime despite the past record of punishment for drunk driving; (b) the Defendant committed the instant crime; (c) the Defendant’s blood alcohol level high; and (d) the occurrence of an accident at the time of the instant crime, etc. unfavorable to the Defendant; (b) the Defendant recognized the Defendant’s commission of the crime; (c) the Defendant has no record of criminal punishment other than the punishment imposed once by a fine in around 201; and (d) the Defendant’s age, character and behavior, environment, family relationship, and other various circumstances constituting the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and behavior, family relationship

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.