2. Determination that the Defendant’s blood alcohol concentration as 0.112% is disadvantageous to the Defendant.

However, in full view of the fact that the Defendant committed the instant crime in depth and did not repeat again, and that the mother of the Defendant as a third-class disabled person ought to prepare rehabilitation treatment costs, the primary offender is the Defendant’s age, character and conduct, environment, etc., and all other sentencing conditions shown in the records and arguments, the sentence imposed by the lower court is too uneasible and unreasonable.

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.