The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment and two years of suspended sentence) is deemed to be too uneasy and unfair.

2. The instant crime is a case where the Defendant, who had been punished twice or more due to drinking driving, once or more, once again drives drinking, and the nature of the crime is not good, and driving of drinking is an offense that may infringe on the life, body, etc. of another person with no knowledge as well as himself/herself, and thus, it is necessary to strictly punish the Defendant.

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake in depth, even though there was a past record of criminal punishment for the same crime, the fact that it was about five years prior to the crime of this case, the fact that it is necessary to support a person who has a good health, and the same mistake is not repeated.

It is hard to say that it is favorable to the defendant.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.

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.