The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The circumstances unfavorable to the defendant, such as the fact that the defendant was sentenced to a fine on one occasion due to drinking driving, the defendant was sentenced to a suspended sentence of three years due to special robbery, etc. and without being well aware of the suspension period, even though he was sentenced to a suspended sentence of five years due to special robbery, etc.;

However, considering the fact that the defendant recognized the crime, the alcohol concentration in the blood of the defendant at the time is not high to 0.085%, and the distance of the vehicle is shorter than 150 meters, there are family members to be supported by the defendant, when the defendant is sentenced to a punishment, the execution of the above execution should be invalidated and the defendant should be additionally recovered for three years. In light of the circumstances of the crime of this case, it is somewhat harsh to invalidate the above suspension of execution due to the crime of this case, and it is not recognized that the punishment of this case is unfair as it is too unreasonable, considering all other circumstances that are the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sex, circumstances before and after the crime of this case.

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.