2. The judgment of this case is that the crime of this case was committed by a defendant who has been punished twice or more due to drinking driving without obtaining a driver's license, and is not good in quality of such crime; the defendant has already been subject to criminal punishment several times for the same crime; further, the defendant committed a drinking driving in the case of the 2016 High-Ma1243 case as the judgment of the court below without being aware of the investigation by the investigative agency; the blood alcohol concentration level was very high at 0.276% and 0.341% at the time of detection; the drinking driving is not only a crime that may cause serious danger to the life and property of another person; and thus, it is necessary to strictly punish the defendant.

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake in depth, the fact that the minor child should be supported, the fact that the health is not good due to the adultery disease, and the fact that the defendant would not repeat again is favorable to the defendant.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. In conclusion, 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.