2. In full view of all the factors of sentencing unfavorable to the Defendant, including the fact that the Defendant again committed a crime even though he had the history of criminal punishment for the same kind of crime, the elements of sentencing that are favorable to the Defendant, such as the fact that the Defendant is seriously against the crime, that the Defendant’s driving distance is not long, and other factors that form the conditions of sentencing specified in the records and arguments of this case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., it cannot be deemed that the Defendant’

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.