2. The Defendant had a record of being punished twice due to drinking, and the blood alcohol concentration at the time of driving the instant drinking is very high to at least 0.2%.

However, in full view of the following circumstances: (a) the Defendant scrapped the instant vehicle and did not repeat the instant vehicle; and (b) the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime; and (c) there is no change in circumstances or circumstances that may change the sentencing of the lower court after the lower judgment; and (d) the sentencing of the lower court is not unfair.

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.