The prosecutor's appeal is dismissed.

1. The main sentence of the grounds for appeal is too uneasible and unreasonable.

2. The judgment of the defendant, despite the existence of the same criminal records, re-driving the alcohol again, and the blood alcohol concentration level at the time of detection is not so significant, which is disadvantageous to the defendant.

However, the fact that the defendant recognizes the crime of this case and is against the defendant, and that there is no accident due to drinking driving, etc., are favorable to the defendant.

In addition, in full view of all the sentencing conditions as shown in the instant pleadings, such as the Defendant’s age, character and conduct, family relationship, health status, economic situation, motive, means and consequence of the crime, etc., the lower court’s punishment is deemed appropriate, and it cannot be deemed unfair as it is too unreasonable.

3. The prosecutor's appeal is dismissed.

(However, the application of the law of the court below to discretionary mitigation shall be corrected ex officio to Article 55 (1) 3 to Article 55 (1) 6).