2. The fact that the defendant has been punished twice due to drinking (one time a punishment, one time a suspended sentence), and that the defendant was sentenced to a suspended sentence for six months due to drinking at the Changwon District Court on September 28, 2016, but he was sentenced to a suspended sentence for two months due to driving under drinking at the Changwon District Court on September 28, 2016, but he did not know himself during the suspended sentence and was driving under drinking for about three months, and there is a disadvantage to the defendant, such as the defendant.

However, in full view of the following circumstances: (a) the Defendant recognized the Defendant’s crime; (b) the alcohol concentration level of the Defendant’s blood was not higher than 0.082% at the time; (c) the driving distance was shorter than 60 meters; (d) the Defendant was punished for driving under drinking; (b) the Defendant’s disposal of the Defendant’s vehicle; (c) there are no special circumstances or changes in circumstances that may be newly considered in the trial; and (d) other circumstances, including the Defendant’s age, environment, sex, criminal conduct, circumstances before and after the commission of the crime, and the circumstances before and after the commission of the crime, the sentence imposed by the lower court is somewhat minor.

Even if it is not so unfair that it should be destroyed.

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