2. As to the grounds for appeal, the Defendant re-offending the Defendant, despite the record of punishment for the same kind of drinking driving, and the Defendant’s blood alcohol concentration and the distance from driving under the influence of alcohol at the time of driving the instant drinking is a considerable disadvantage to the Defendant.

On the other hand, the fact that the defendant does not repeat again while he reflects his mistake that the risk of driving the drinking of this case is not realized, that there is no criminal history exceeding the fine of the defendant, and that there are some circumstances that can be considered in the living environment of the defendant is favorable to the defendant.

In addition, considering the Defendant’s age, gender and environment, motive, means and consequence of the crime, and all of the sentencing factors in the process of the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is too unjustifiable.

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 grounds that the appeal is without merit. It is so decided as per Disposition.