2. In light of the fact that the accused has committed the same offense of fine twice, strict punishment against the accused is necessary.

However, in full view of the following facts: (a) the Defendant’s mistake is divided; (b) the Defendant 100 meters of drinking while driving a drinking alcohol at a 100-meter level; and (c) the Defendant was found to have been aware of drinking while driving a drinking at a nearby convenience store; (d) the Defendant has no particular criminal history other than the aforementioned two-time criminal records; and (e) the Defendant’s age, sex and family environment, motive, means and consequence of the crime; and (e) other various sentencing conditions specified in the instant pleadings, such as the circumstances after the crime, etc., it is not recognized that the lower court’s punishment is too excessive and unfair, and thus, 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.