The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months and two years of suspended execution) of the lower court is deemed to be too uneasy and unfair.

2. The crime of this case is a case in which the defendant, who has been punished twice or more due to drinking driving, once or more, once again drives under the influence of alcohol, who committed the crime of this case without being aware of the fact that the defendant had already been subject to criminal punishment several times due to traffic-related crimes; the defendant committed the crime of this case; at the time of detection, the blood alcohol concentration level of the defendant was relatively higher than 0.138% at the time of detection; and the drinking driving is a crime that may cause serious danger to the life and property of others, and thus, it is disadvantageous to the defendant.

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake, that the distance of drinking driving is relatively short of about 300 meters, and that it is hard to say that such mistake will not be repeated, etc. are favorable to the defendant.

In full view of the above circumstances and other circumstances, the Defendant’s age, character and conduct, environment, etc. as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Thus, the Prosecutor’s assertion is without merit.

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