2. In view of the fact that the Defendant was punished several times for the same crime, and that the blood alcohol concentration was high at the time of the instant crime, Defendant shall be punished with severe punishment.

However, in full view of the following facts: (a) the Defendant recognized the instant crime; (b) the Defendant driven off the off-line, other than a passenger car; and (c) the Defendant’s age, character and conduct, family environment, motive and circumstance of the instant crime; and (d) all the sentencing conditions indicated in the instant pleadings, such as the circumstances before and after the instant crime, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.