2. The Defendant committed the instant crime even though he/she had the record of punishment for the same kind of crime and the period of suspension of the execution of imprisonment for the same type of crime, and the Defendant’s blood alcohol concentration at the time of the instant case was relatively low, etc. However, there are circumstances favorable to the Defendant, on the other hand, that the Defendant did not repeat the crime while committing the crime, and that social relation obviously appears to be favorable to the Defendant.

Considering the above circumstances and the Defendant’s occupation, family relation, age, character and conduct, environment, motive and background of a crime, means and consequence of a crime, and the circumstances before and after a crime, it is difficult to deem that the lower court’s punishment is too unjustifiable and unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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