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. In light of the fact that the Defendant had already been punished three times due to drinking driving, but once again, driven a vehicle while under the influence of alcohol 0.053% during the period of suspension of execution, etc., the Defendant’s liability for the instant crime is light.

shall not be deemed to exist.

However, considering favorable circumstances, such as the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, etc., as the Defendant’s punishment imposed by the lower court is too uneasible and unfair, in light of the following factors: (a) the Defendant’s failure to repeat the crime; (b) there was no additional damage, such as traffic accidents, etc. due to the instant crime; and (c) the drinking value is relatively high; and (d) other factors of sentencing as indicated in pleadings, such as the Defendant’s age, sex, environment, motive and circumstance of the crime; (b) the means and consequence of the crime

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