2. The Defendant had a record of punishment for a fine once due to drunk driving, and again committed the instant crime, and the degree of blood alcohol concentration was 0.118% high.

However, the defendant has not committed a second offense, reflecting the mistake of crime in depth.

The crime of this case is deemed to have been brought up by the defendant sufficiently before the day, and it seems to have been driven on the day of this case, and it does not cause a traffic accident.

There are circumstances that are not good health and are making it difficult for elderly father to bear the medical care expenses.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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.