2. In the judgment of the accused, there are circumstances unfavorable to the accused, such as the fact that the Defendant had been punished for a fine twice due to the driving of drinking alcohol again, and the blood alcohol concentration at the time reaches 0.173%.

However, in full view of the following factors: (a) the Defendant reflects the Defendant’s depth in committing the crime; (b) the vehicle scrapped the Defendant’s vehicle; (c) the Defendant’s age, character and conduct; (d) occupation; and (e) the background, means and consequence of the instant crime; and (e) the circumstances after committing the crime, etc., the sentence of the lower court cannot be deemed as being too unjustifiable

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.