2. The Defendant has a same criminal record over several occasions, and in particular, even though the Defendant was sentenced to the suspension of the execution of imprisonment for the same kind of crime at the District Court on May 17, 2012, and the judgment became final and conclusive, the Defendant again committed the instant crime during the grace period is an unfavorable sentencing data against the Defendant.

However, the defendant's mistake is recognized from the investigative agency to the court, and the prevention of recidivism is repeated; the defendant's blood alcohol concentration at the time of his/her operation of this case was not high; the defendant was suffering from severe pain due to pulmonary blood infection, which is a rare disease, and has to undergo continuous treatment for the above disease; the defendant's family member is one of the middle students. The defendant's family member seems to have no family member, and the other factors of sentencing as shown in the argument of this case such as the defendant's age, character and behavior, environment, family relationship, circumstances of the crime, means and result of the crime, etc. are comprehensively examined, and the judgment of the court below is not recognized to be unfair because it is too unfasible. Thus, the prosecutor's appeal ground for appeal 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.