2. The crime of this case is that the defendant driven a motor vehicle while under the influence of alcohol of 0.289%, and is highly drinking, the defendant made a false statement from an investigative agency to the court of the court below in order to conceal his criminal act, thereby causing the waste of investigation power. The defendant was convicted of having been punished as a fine of 70,000 won on October 194 due to a traffic accident around July 1994, and a fine of 70,000 won due to a drunk driving on October 26, 1999. In light of the above, it cannot be deemed that the defendant's criminal liability is somewhat minor.

However, in light of the following circumstances: (a) the Defendant has recognized all of the instant crimes in this court; (b) the Defendant had no record of committing a crime since 2000; and (c) the Defendant’s age, character, conduct, intelligence and environment; and the motive, means and consequence of the instant crime; and (d) the circumstances after the instant crime, etc., the sentence imposed by the lower court is too unjustifiable and unreasonable.

The prosecutor's assertion of unfair sentencing is without merit.

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.