2. The Defendant had a record of having been punished for a fine in 200 and 2013 for the same crime, and in particular, the Defendant was punished for a fine of four million won due to a drunk driving in 2012, and the Defendant was subject to a license without permission or a drunk driving in 2013 and was subject to such a fine as above is disadvantageous.

However, considering the favorable circumstances, such as the fact that the defendant recognized his mistake and reflects it, and there is no history of punishment heavier than that of probation for the same crime and traffic-related crimes, and all of the sentencing conditions indicated in the instant case, such as the defendant’s age, character and conduct, environment, the circumstances and result of the instant crime, etc., the prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.