2. In light of the fact that the Defendant driven a vehicle in the state of 0.318%, and the drinking driving is a dangerous criminal that may cause substantial damage to the body and property of another person as well as the principal, the liability for the crime is not weak.

However, considering favorable circumstances, such as the Defendant’s primary offender, and the fact that the Defendant recognized all of the instant crimes and reflected, the following factors are considered. In full view of the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., as well as various sentencing factors indicated in the record, the lower court’s sentence is too uneasible and unreasonable. Therefore, the Prosecutor’s aforementioned assertion is without merit.

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.