The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal (unfair sentencing) is that of the lower court’s punishment (one hundred months of imprisonment and two years of suspended sentence) is too uneasy and unreasonable.

2. The crime of this case was committed by the Defendant on September 6, 2007, which was sentenced to a fine of two million won on September 6, 2007, and the imprisonment of two years on December 21, 2012 with prison labor on December 21, 2012, but the quality of the crime was not somewhat weak due to the case of drinking, and the blood alcohol concentration at the time of detection was very high at 0.227%, and driving of alcohol is a serious crime that could lead to the life of another person, and thus, it is necessary to strictly punish the Defendant.

On the other hand, there are some circumstances to consider the Defendant’s perception of the crime of this case and reflect the Defendant’s mistake in depth, and the distance of drinking driving is shorter than 5 meters, the national basic living security recipient is showing difficulties in economic situation, and the wife and two children should be supported by the Defendant, and the Defendant’s personality is not good, and the Defendant’s consciousness wanted to have the Defendant’s preference against the Defendant.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the 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 as it is without merit. It is so decided as per Disposition.