2. At the time of the instant judgment, the Defendant’s blood alcohol concentration was at a considerable level of 0.208%, and even if having been sentenced to a fine due to the same kind of crime, the Defendant committed the instant crime. However, it appears that the Defendant has led to his best efforts to avoid driving under drinking, etc., and that there appears to be clear social ties, such as the Defendant’s family members to support the Defendant, and that there appears to be clear social ties, such as the Defendant’s personal character, character, environment, motive, means and consequence, the circumstances before and after the commission of the crime, etc., the lower court’s sentencing is determined as appropriate, and it cannot be deemed unreasonable because it is too uneasible.

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.