The prosecutor's appeal is dismissed.

1. In light of the summary of the grounds for appeal of this case’s blood alcohol concentration, etc., the punishment (two years of imprisonment with prison labor for eight months and suspension of execution) imposed by the court below is too unfasible and unfair.

2. The crime of this case is deemed to have been driven by the Defendant without a license in the state of drinking alcohol concentration of 0.356%, and it does not seem that there were any inevitable circumstances that the Defendant had to drive under the influence of alcohol at the time. The Defendant has already been punished several times due to the crime of violation of the Road Traffic Act, even though he had had the history of repeated punishment, again, intends to strengthen the punishment by taking into account the risk of driving under the influence of alcohol and the social harm of the Road Traffic Act, and there is a great need for strict punishment and other circumstances unfavorable to the Defendant.

However, in full view of the following circumstances: (a) the Defendant has divided his mistake in depth; (b) the Defendant again said that he would not drive under the influence of alcohol; (c) there is no means of criminal punishment except for the crime of violating the Road Traffic Act; (d) the Defendant’s family members do not cause traffic accidents by driving under the influence of alcohol of this case; and (c) the Defendant’s family members want to take the Defendant’s wife against the Defendant; and (d) the Defendant’s age, character and behavior, environment, circumstances leading to the instant crime; and (e) the circumstances after the commission of the crime, etc., the lower court’s sentence is not deemed to be unreasonable because it is adequate and too unreasonable; and therefore,

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.