2. Even when taking into account the circumstances alleged by the prosecutor for the judgment (the period of repeated crimes after the second conviction of the same kind of crime within five years, and the period of repeated crimes due to this type of crime, etc.), the lower court does not seem to be unfair on the ground that the sentence imposed by the Defendant is appropriate and too unreasonable in light of the following circumstances, i.e., the circumstances that are favorable to the Defendant, as stated in the column for “the choice of punishment” among the “application of statutes” (the same type of crime is not past record, and the drinking measurement in 2012 and 2014 did not focus on 0.05% and 0.079%).

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 prosecutor's appeal is without merit. It is so decided as per Disposition.