2. The judgment on the grounds of appeal is an unfavorable circumstance to the defendant that the defendant repeated the crime even though he had the record of punishment for the same kind of crime, the defendant's distance from drinking driving is long, the blood alcohol concentration at that time is considerable, and the risk of a traffic accident occurs during drinking driving in this case, and the risk is realized.

On the other hand, the fact that the defendant does not repeat again while reflecting his mistake is committed again, that the defendant does not want the punishment of the defendant, that the victim does not want the punishment of the defendant, that there is no penalty power exceeding the fine, that the degree of injury caused by the accident in this case is relatively minor, and that some of the circumstances that can be considered in the living environment of the defendant are favorable to the defendant.

In addition, in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and all of the sentencing factors indicated in the instant records and pleadings, such as the circumstances after the crime was committed, the lower court’s sentence 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 ground that it is without merit. It is so decided as per Disposition.

(However, it is clear that "Article 55 (1) 3" in Part 3 of the judgment of the court below is a clerical error in Article 55 (1) 6 of the Rules on Criminal Procedure, and such dismissal is corrected as above in accordance with Article 25 (1) of the Rules on Criminal Procedure.