2. In light of the fact that the degree of alcohol concentration among the blood of this case is high and the defendant has a criminal record of the same kind at several times, it is necessary to strictly punish the defendant.

However, in full view of the following: (a) the Defendant’s mistake is seriously against the Defendant and there is no record of punishment for the same kind of crime in recent years; and (b) the circumstances following the instant crime; (c) the Defendant’s age, sexual behavior; and (d) various sentencing conditions indicated in the argument in the instant case, such as the background of the instant crime; and (d) the Defendant’s age, sexual behavior, and environment

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.