2. According to the circumstances such as the fact that the defendant committed the instant crime even though he/she had been punished several times due to the same crime, it is reasonable to place the defendant with severe punishment.

However, there are also circumstances that can be considered such as the fact that the defendant was not subject to a suspended sentence or heavier punishment due to drinking driving, the distance of driving is not driving, and the blood alcohol concentration level is not very high.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the lower court and the punishment different from the circumstances after the crime, the lower court’s punishment is too unjustifiable and unreasonable.

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.