2. The Defendant’s previous and three times of the previous conviction, and the blood alcohol content at the time of the instant case reaches 0.285%, and there were unfavorable circumstances such as the Defendant’s previous and previous convictions. However, there were no criminal records beyond the suspension of execution, the Defendant’s previous and previous convictions of 2001 and 2005, and the Defendant’s two times of the previous convictions are merely criminal records of 2005, and the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., the sentence of the lower court against the Defendant cannot be deemed unreasonable, considering all the sentencing conditions indicated in the records of the instant case, such as the Defendant’s age, character and behavior, environment, motive, means and consequence, etc.

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.