2. However, the Defendant committed the instant crime during the suspension period of execution due to driving under drinking, and the alcohol content in the instant blood is considerably high as 0.272%, and the Defendant has the record of punishment five times (three times of punishment, three times of suspended execution, and two times of suspended execution) and three times of punishment due to driving without a license.

However, the Defendant recognized the facts charged and failed to repeat the crime by selling vehicles, and operated a drinking police station to commit the instant crime by driving alcohol to commit a personal problem or imprisonment.

In addition, comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is deemed as uneasible and unfair.

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