2. The judgment of the court below has a record of being punished three times as a crime of the same kind, and one year has not passed since the suspension of the execution of imprisonment for the same kind of crime was sentenced to the suspension of the execution of imprisonment for the same crime, and the drinking water level is high to 0.146%. However, the judgment below is appropriate and unreasonable in full view of various sentencing factors of the crime of this case, including the defendant's age, character and behavior, occupation and environment, circumstances and result of the crime, etc., the distance of the defendant's driving in the state of drinking driving is relatively short to 50 meters. The defendant was sentenced to the suspension of the execution of imprisonment for the crime of this case and lives without any criminal act until the crime of this case was committed. The execution of imprisonment for the crime of this case is suspended, rather than the sentence of imprisonment for the defendant, and probation and social service conditions are considered to be appropriate measures to prevent recidivism.

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.