2. The judgment on the grounds of appeal reveals that the Defendant re-offending the record of punishment for drinking driving, and that the blood alcohol level at the time of drinking driving is high is disadvantageous to the Defendant.

On the other hand, the fact that the defendant does not repeat again while he reflects his mistake, that the risk is not realized due to the drinking driving of this case, and that the distance of drinking driving is relatively short is favorable to the defendant.

In addition, in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and all of the sentencing factors revealed in the process of the pleading, the lower court’s sentence cannot be deemed to be too simple.

Therefore, prosecutor's assertion is without merit.

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

(However, since it is apparent that "Article 53 and Article 55 (1) 3 of the Criminal Act" in Part 2 of the judgment below is a clerical error in Article 53 and Article 55 (1) 6 of the Criminal Act, in accordance with Article 25 (1) of the Rules on Criminal Procedure, it shall be corrected as above in accordance with Article 25 (1) of the Rules on Criminal Procedure.