The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unfilled and unfair.

2. There are circumstances unfavorable to the Defendant, such as the fact that the Defendant was sentenced to a fine twice due to drinking driving, etc., but the Defendant was driving the instant drinking, and the Defendant’s blood alcohol concentration at the time was high by 0.09%.

However, in full view of the various circumstances, such as the fact that the defendant recognized the crime, the distance of the defendant's driving is shorter than 20 meters, the fact that the defendant has no record of punishment outside the driving of the above drinking, and the defendant is subject to a suspended sentence or a heavier punishment, it is anticipated that the company in which he/she was in office will suffer disadvantages such as a rightful retirement from the company where he/she was in office, and the defendant's age, environment, sex, circumstances before and after the crime, and circumstances before and after the crime in this case, it is not recognized that the sentence imposed by the court below is too unjustifiable and unfair.

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.