2. Although the nature of the instant crime is not good, the blood alcohol concentration of the Defendant at the time of the instant crime is not higher than 0.080%, the Defendant led to the confession of the instant crime and reflects the Defendant’s mistake, the Defendant agreed with the police officer in charge of the crackdown on Drinking Driving who was injured, the police officer and the Defendant’s company fees, who were in office, want the Defendant’s wife, and there was no record of suspended execution or sentence of punishment due to drinking driving, and all the circumstances shown in the instant argument, including the Defendant’s age, character and behavior and environment, motive, means and consequence of the instant crime, etc., all of the circumstances revealed in the instant argument, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, etc., 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 as it is without merit. It is so decided as per Disposition.