2. The judgment on the grounds of appeal is an unfavorable circumstance to the defendant that the defendant repeats a crime despite the record of punishment for drunk driving, that the defendant's blood alcohol level at the time of drunk driving is high, and that the risk of a traffic accident occurs while drunk driving is realized.

On the other hand, the fact that the defendant does not repeat again while he reflects his mistake, that the distance of the defendant's drunk driving is relatively short, that the defendant has no penalty power exceeding the fine, and that the physical damage caused by the traffic accident is recovered, and that the victim does not want the punishment of the defendant is favorable to the defendant.

In addition, in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and all of the sentencing factors indicated in the instant records and pleadings, such as the circumstances after the crime was committed, the lower court’s sentence 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 ground that it is without merit. It is so decided as per Disposition.