2. The Defendant had the record of having been punished several times for the same crime, and the Defendant committed the instant crime while being tried for drinking and non-licensed driving again during the period of probation due to drinking driving. The Defendant’s blood alcohol concentration is very high by 0.298%.

However, considering the equity between the case where the Defendant was tried with driving of a final and conclusive judgment and the instant crime, the lower court’s punishment is only within the scope of reasonable discretion, and is not recognized to have reached the degree of undueness by taking into account the following circumstances: (a) the Defendant’s age, sexual conduct, environment, motive, method, and consequence of the crime committed in the records and pleadings.

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.