2. A judgment on the grounds for appeal is an unfavorable circumstance to the Defendant, even though the Defendant had been punished for the crime of drinking alcohol driving.

On the other hand, the fact that the defendant does not repeat again while against his mistake, the distance from driving the drinking of this case is relatively short, the danger of driving the drinking of this case is not realized, and the fact that the defendant has no record of punishment exceeding the fine is favorable to the defendant.

In addition, considering the Defendant’s age, gender and environment, motive, means and consequence of the crime, and all of the sentencing factors in the process of the instant case, such as the circumstances after the crime, etc., the lower court’s punishment 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 grounds that the appeal is without merit. It is so decided as per Disposition.