2. The Defendant was punished by a fine of 1.5 million won in 2009 due to drinking driving, and a fine of 2 million won in 2010 due to interference with the execution of official duties in August 2015, who was sentenced to a suspended sentence of 2 years in August 2015, and committed the instant crime of driving alcohol during the suspended sentence. Therefore, it is necessary to punish the offender.

On the other hand, it is reasonable to consider the following as favorable circumstances: (a) the Defendant led to confession of criminal facts and reflects the fact of crime; (b) the Defendant seems to have been under control while drinking alcohol at the house and working at the house after diving; (c) there is no other damage, such as traffic accidents; (d) there is no criminal record or penalty other than fines under the above 2 times; (e) there is no family member to support the Defendant; and (e) there is no family member to support the Defendant; and (e) it seems that the suspension of execution is too harsh in light of the above circumstances.

In addition, the court below did not recognize that the sentence against the defendant is too unfortunate and unfair in light of all other circumstances, including the defendant's age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime, etc., which are the conditions for sentencing as shown in the records and arguments in this case, in the sense that the court below's punishment is too unfortunate and are given an opportunity for the last time taking into account all the circumstances.

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