2. The crime of this case, although the defendant had been punished several times for the same kind of crime, is driving a vehicle in the state of drinking alcohol concentration of 0.164% in a short period and at the same time in a short period, and the nature and circumstances of the crime are not weak. However, the defendant has no other record of criminal punishment except for the punishment of fines for the same crime two times due to the same crime, the defendant recognizes the crime of this case and reflects his mistake in depth and again, disposes of the above vehicle after the judgment of the first instance, the defendant disposes of the vehicle after the sentence of the first instance, if he is sentenced to imprisonment without prison labor or heavier punishment, and if he is sentenced to imprisonment without prison labor or heavier punishment, the defendant's age, character and behavior, environment, family relationship, etc., the prosecutor's assertion as above is not justified because it 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.