2. In full view of the following circumstances: (a) the Defendant committed a second offense despite the fact that he had been subject to two times punishment due to drinking driving, etc.; (b) the Defendant recognized the instant crime; (c) the Defendant did not repeat the instant crime; (d) the previous conviction of drinking was punished by a fine; (c) the Defendant has no other penalty history; (d) the Defendant has the wife and her children to support the Defendant; and (e) the blood alcohol concentration level was relatively high; and (e) there was no other change in sentencing conditions compared with the lower court’s judgment; and (e) other various sentencing conditions indicated in the instant argument, such as the fact that there is no particular change in sentencing conditions, etc., the lower court’s sentence is too small, and thus, is not deemed unfair, the Prosecutor’s allegation above 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 grounds that the appeal is without merit. It is so decided as per Disposition.