2. The judgment of the defendant has a record of being punished for driving under drinking, and the necessity to punish the defendant for committing the instant crime without being aware of it even though he/she was sentenced to a suspended sentence due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, is recognized.

However, the defendant recognized the error of the crime of this case, is in depth against it, and it does not repeat again.

There is no record that the defendant was punished for a suspended sentence or heavier due to drinking driving.

It is difficult for the financial situation of the defendant and it is also recognized that the defendant should support his family.

In addition, in full view of all the sentencing conditions shown in the records and arguments, such as the defendant's age, sex, environment, etc., the sentence imposed by the court below cannot be deemed unfair because it is too unobcied.

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.