2. The Defendant’s blood alcohol content at the time of the instant case was 0.202%, and the Defendant was 0.202%. However, although the Defendant was aware of the instant crime, the Defendant appears to reflect the Defendant’s criminal records; the Defendant did not have any criminal records exceeding the fine despite having the same criminal records; the Defendant’s previous criminal records did not have any criminal records; the Defendant’s blood alcohol content was relatively high as a drunk driving under the blood alcohol content 0.067% and 0.081%; and in addition, in light of all the sentencing conditions indicated in the instant sentencing records, such as the Defendant’s age, character, character, environment, motive, means and consequence of the Defendant’s crime, the sentence of the lower court against the Defendant cannot be deemed unfair.

3. If so, 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.