2. The judgment on the grounds of appeal is an unfavorable circumstance to the Defendant that: (a) even though the Defendant had been subject to punishment for the crime of drunk driving, re-offending the Defendant despite the history of punishment; (b) the distance from drinking driving is long; and (c) the Defendant’

On the other hand, the defendant's mistake against the defendant's wrong behavior does not repeat again, the fact that the crime of this case occurred after drinking water after drinking water, the danger of drinking driving is not realized, and the fact that the defendant has no penalty power exceeding the fine is favorable to the defendant.

In addition, in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and all of the sentencing factors indicated in the instant records and pleadings, such as the circumstances after the crime was committed, the lower court’s sentence is too unjustifiable.

Therefore, 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 on the ground that it is without merit. It is so decided as per Disposition.

(However, since it is clear that "Article 55 (1) 3" in Part 2 of the judgment of the court below is a clerical error in Article 55 (1) 6, in accordance with Article 25 (1) of the Rules on Criminal Procedure, it shall be corrected as above pursuant to Article 25 (1) of the Rules on Criminal Procedure.