2. The Defendant committed the instant crime without being aware of the period of repeated crime of the said sentence, even though he was punished twice a fine for the crime of drinking driving from 201 to 2009, once a suspended sentence, and once a prison sentence.

The blood alcohol concentration level at the time of the drinking driving of this case is 0.219% higher.

In light of this point, it is necessary to punish the defendant strictly.

However, the defendant recognizes all crimes and repents his mistake.

This case was limited to a simple drinking driving.

There is a interval of three years between the crime of this case and the final conviction of drinking, and the defendant does not drive a drinking again.

The defendant shall support his/her father, high blood pressure, and urology who suffers from urology with delay (functional) 4.

These circumstances are favorable to the defendant.

In addition to this point, in full view of various circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is too uneasible and unfair.

3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.