2. The fact that the defendant had been punished for driving under drinking three times, that the defendant committed the crime of this case without being aware of the fact that he committed the crime (the current probation period was imposed) even though he was in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (the current probation period was significantly high), or that the amount of alcohol concentration in blood was considerably high, etc., is disadvantageous, or the defendant's mistake is against the defendant, and the most recent crime during driving under drinking is favorable circumstances, such as the fact that it was around March 2010, and other various sentencing conditions in the records and arguments of this case, including the defendant's age, sex, sex, environment, family relationship, circumstances after the crime, etc., do not seem to be unfair because the court below's punishment is too uneasible.

3. The appeal by the public prosecutor on the conclusion of the judgment is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.