2. The fact that the defendant committed the instant crime even though he/she had the record of punishment for drinking driving, and the blood alcohol concentration is not low, etc. are disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime of this case, is against the fact that the defendant is going not to repeat the crime of this case, etc. is favorable to the defendant.

In addition, in full view of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by taking into account the above normal relationship and the grounds for sentencing alleged by the prosecutor, and there are no special circumstances to the extent that the sentencing is changed ex post facto, so the Prosecutor’s assertion of unfair sentencing 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.