2. On November 21, 2013, the Defendant had been punished several times for the same kind of case, and committed the instant crime again during the period of suspension of execution after being sentenced to imprisonment with prison labor for drinking and non-licensed driving by the Daegu District Court for six months.

However, the Defendant did not have any history of punishment exceeding the suspended sentence, and committed the instant crime in depth, and did not repeat the crime.

The defendant's blood alcohol concentration is not higher than 0.052%, but it is difficult to economic circumstances due to dismissal from a workplace that was going through a livering work.

In addition, in full view of all the conditions of sentencing as shown in the records and arguments, such as the Defendant’s age, character and conduct, environment, family relationship, health status, etc., the sentence imposed by the lower court cannot be deemed to be 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.