2. On January 27, 2015, the Defendant was sentenced to a fine of three times due to driving of drinking, and on January 6, 2016, the Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime, even though he/she was in the period of repeated crime after he/she completed the execution of the sentence on January 6, 2016, by committing a violation of the Game Industry Promotion Act in the Changwon District Court Branch of the Changwon District Court.

However, there was a fact that the Defendant recognized the instant crime and reflected against the Defendant’s blood alcohol level at the time of the instant case, the Defendant’s blood alcohol level was relatively high at 0.087%, did not cause traffic accidents, and the Defendant was subject to a disposition of conditional suspension of indictment due to drinking during the period of the instant repeated crime. However, the alcohol level at the time of the instant repeated crime was difficult to reach the lowest limit of the number punished for drinking due to 0.051% of the blood alcohol level at that time, and the criminal conviction for the said repeated crime is a type of crime. The criminal conviction for the said repeated crime is the last day of November 15, 2007, and the punishment for drinking is the Defendant’s age, environment, sexual behavior, motive for the instant crime, circumstances before and after the crime, and other various circumstances that form the conditions for sentencing as specified in the records and arguments, it cannot be deemed that the lower court’s punishment is too uneasible and unfair.

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