2. The Defendant was punished for a total of six times due to drunk driving. In particular, even when he was sentenced to two years of a suspended sentence in August 2014, the Defendant committed the instant crime of drunk driving under a very high level of alcohol level of 0.167% during the suspended sentence, and thus, there is no need to punish the Defendant.

(However, the current period of suspension of the execution is too limited). On the other hand, the fact that the defendant confessions the criminal facts and reflects the criminal facts, the distance of the driving of the instant drinking is about 100 meters short, and does not cause other damage such as traffic accidents, and the person living without any particular criminal record for about six years after being punished for a fine of KRW 1.5 million due to the drinking driving in 2008, and was sentenced to the above suspension of the execution in 2014 for about six years, and was sentenced to the above suspension of the execution in 2015, the person committed the crime of the instant drinking driving in 2015, the fact that there was no other criminal record than the punishment for the traffic crime, the probation, etc. was relatively faithfully being carried out, and the fact that the health condition is not good should be considered as favorable circumstances

In addition, in full view of the fact that the lower court was determined by taking into account all the circumstances, and there was no special change in the trial, and other various circumstances, such as the Defendant’s age, environment, character and conduct, motive for committing a crime, and circumstances before and after committing a crime, it is not recognized that the lower court’s punishment is too unjustifiable and unreasonable.

3. If so, 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.