The prosecutor's appeal is dismissed.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The judgment of the defendant is disadvantageous to the defendant that the defendant driven the drinking of this case during the period of suspension of execution due to the same crime.

However, when comprehensively considering the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, and the family members to support, and all of the sentencing conditions specified in the instant case, such as the defendant’s age, sex, environment, circumstances of the crime, and the circumstances after the crime, it is not recognized that the sentence of the lower court is too unfeasible and unfair.

Therefore, the prosecutor's above assertion is without merit.

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