The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (one year of imprisonment, three years of suspended execution, three years of probation) imposed by the court below on the defendant is deemed to be too uneasy and unfair.

2. It is recognized that the Defendant had five previous years of punishment of a fine due to a violation of the Road Traffic Act (driving) and that the Defendant’s blood alcohol concentration is very high by 0.310% in this case.

However, it is also recognized that the defendant recognized the crime of this case as well as reflects the fact that the defendant would not drink again, that the age of 70 is old, that the health is not good, that there is no criminal record, that the previous crime of drunk driving is the crime of 2010, that the criminal record of the previous crime of 2010 is the criminal record, and that the criminal person of the defendant want to leave his wife.

In addition, in full view of the various circumstances, such as the character, conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that may change the sentencing of the court below after the judgment of the court below, it is not recognized that the sentence imposed by the court below is too uneasible

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.