The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal is unreasonable because the punishment (exemption from punishment) declared by the court below is too uneasible.

2. In view of the fact that the Defendant had been punished more than four times due to drunk driving in the past, even though he was in the period of repeated crime, he again committed the instant crime, and that the blood alcohol level at the time was 0.168% high, there is a need to strictly punish the Defendant.

However, in full view of the following facts: (a) the Defendant reflects the mistake in the crime; (b) the instant crime is in a concurrent relationship between the final judgment rendered in the judgment of the lower court and the latter part of Article 37 of the Criminal Act; (c) the distance of driving a motor vehicle in the drinking condition of this case is shorter than 5 meters, and the degree of damage to property is minor; (d) the Defendant is living in the process of mixed support of his mother over 80 years of age; and (e) other sentencing conditions indicated in the records and arguments, such as the Defendant’s age, character, character, and environment, it cannot be said that the sentence imposed by the lower court is too unjustifiable and unreasonable.

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