2. The judgment of the defendant has considerable distance from driving under the influence of alcohol, one time of suspended sentence for the same kind of crime, one time of fine, and the crime of this case during the suspended execution period for the same kind of crime is disadvantageous to the defendant.

However, it seems that the defendant led to the confession of the crime of this case and reflects his mistake, and that the probation officer's guidance with respect to probation and community service order seems to have been faithfully complied with is a favorable condition for the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the arguments and records, there is no change in circumstances to determine different sentences from the lower court. As such, the lower court’s sentence is too uneasible and unreasonable, the Prosecutor’s allegation of unfair sentencing is rejected.

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.