2. In light of the fact that the Defendant’s blood alcohol content (0.10%) cannot be said to be lower at the time of the instant crime, and that the Defendant was subject to criminal punishment on six occasions due to a drunk driving or a crime without a license since 2011, and among them, there was a history of having been sentenced to a suspended sentence of imprisonment, there is a need to strictly punish the Defendant.

However, in full view of the following factors: (a) the fact that the Defendant recognized the commission of a crime; (b) the detention of the Defendant again seems to cause excessive difficulty to his dependants; and (c) the circumstances after the commission of the crime (such as circumstances detained for about 40 days before the pronouncement of the lower judgment); and (d) the Defendant’s age, occupation, environment, family relationship, etc., the lower court’s punishment is too unjustifiable.

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