2. On the part of the Defendant, the Defendant was punished for a violation of the Road Traffic Act (measures not to be taken after an accident) on three occasions, and the Defendant committed the instant crime during the suspended execution period due to driving under the influence of alcohol or without a license. It is recognized that the alcohol content in the instant blood is higher than 0.165%.

However, in full view of the following facts: (a) the Defendant is against the charge of the offense; (b) the Defendant’s selling of a vehicle operated by the Defendant does not repeat the offense; (c) the instant case is detained for four months; and (d) the Defendant has an opportunity to repent; and (c) other all the sentencing conditions indicated in the record, including the Defendant’s age, sex, environment, occupation, and circumstances after the commission of the offense, etc., the lower court’s sentence is uneasible and thus

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