2. The blood alcohol concentration in the judgment is not lower than 0.106%, and the Defendant has been punished several times for the same kind of crime, and the Defendant committed the instant crime without being aware of the fact that he/she was punished by imprisonment for the same kind of crime, even though he/she was in the period of repeated crime, is disadvantageous to the Defendant.

However, the defendant shows his attitude to reflect on recognizing the crime of this case, and the crime of this case was committed on the day following the day when the defendant had locked after drinking alcohol at the beginning of the preceding day. There are some circumstances to consider the circumstance of the crime, the defendant's health conditions are relatively good, the defendant supports his wife and his three children, and other circumstances, which are the conditions for sentencing as shown in the records and theories of this case, such as the defendant's age, sexual behavior, environment, etc., in full view of the various circumstances, where punishment imposed by the court below is too weak.

shall not be deemed to exist.

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, and it is so decided as per Disposition.