2. The judgment is recognized that the Defendant had a previous record of being punished by a fine twice due to drunk driving, that the Defendant caused a traffic accident while driving under influence of alcohol, and that the blood alcohol concentration is higher than 0.126%.

However, it is recognized that the defendant recognized the crime of this case and reflects that the victim of the traffic accident of this case was not punished against the defendant, that the defendant's last drinking driving record was about eight years prior to the defendant's last drinking, and that the defendant did not have any other criminal record than the above two times of fine.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, motive and background of crime, means and consequence of crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.