The prosecutor's appeal is dismissed.

1. The sentence imposed by the court below (6 months of imprisonment and 2 years of suspended execution) is too unhued and unfair.

2. Despite the fact that the Defendant was punished twice due to drinking or non-licensed driving ( all fines), the Defendant committed the instant crime by driving his/her vehicle under the influence of 0.193% alcohol level during blood, and is disadvantageous to the Defendant.

However, the fact that the defendant recognizes and reflects the crime of this case, and disposes of the vehicle that was driven at the time of this case, and will not further repeat the crime.

In full view of the following circumstances, it is reasonable to respect the Defendant’s age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime, etc., and the sentencing conditions specified in the records and arguments of this case, including the Defendant’s age, environment, sexual conduct, motive for the crime, and conditions before and after the crime, where there is no special circumstance or change of circumstances to be newly considered in the trial of the Defendant, and there is no change in the conditions of sentencing compared with the original judgment, and where the sentencing of the lower court is not changed without any change in the conditions of sentencing compared with the original judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).

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.