2. In light of the fact that the Defendant, while driving under the suspension of execution due to drinking, re-afusing the instant crime while driving under the influence of alcohol, has the same kind ofless driving record, etc., it is necessary to punish the Defendant solemnly.

However, in full view of the following: (a) the Defendant is in profoundly against the mistake and scraped the vehicle; (b) the Defendant is a mere unauthorized driver who does not cause an accident; and (c) the circumstances of the instant crime; (d) the circumstances after the instant crime; and (e) the Defendant’s age, sexual conduct, environment, etc.; and (e) various sentencing conditions specified in the argument in the instant case are deemed unfair because the lower court’s punishment is too uneasible; and

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.