2. In light of the favorable circumstances such as the Defendant’s fine for drinking driving in 2004 and 2010 and the fact that the Defendant was punished for suspended sentence due to driving without a license in 2011, but the Defendant appears to have recognized and against his mistake, and that the blood alcohol content is relatively lower than 0.087%, the Defendant’s favorable circumstances, such as the Defendant’s age, character and behavior, environment, the background and consequence of the instant crime, and all of the sentencing conditions indicated in the instant case, such as the following circumstances, the lower court’s sentence is deemed to be too unjustifiable and unreasonable. Thus, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.