The prosecutor's appeal is dismissed.

1. The gist of the grounds of appeal is as follows: (a) considering the fact that the Defendant, who was punished for the violation of the Road Traffic Act due to driving under the same alcohol as this case, committed the instant crime again; (b) the risk of recidivism is substantial; and (c) there is a social consensus on the necessity of driving under the influence of alcohol; and (d) there is a high level of alcohol concentration among blood, the punishment by the lower court is too unreasonable.

2. We examine the reasons for appeal. The above circumstances alleged by the prosecutor are deemed to have been sufficiently considered in the court below’s determination of the punishment at the court below. Moreover, this is against the Defendant’s mistake in the course of committing the instant crime, and there is no particular penalty force except once due to the Defendant’s violation of the Road Traffic Act (dacting driving), and if we consider the various reasons for sentencing revealed in the oral proceedings of the instant case, the sentencing of the court below was too unhued and so it exceeded the reasonable scope of discretion.

It does not appear.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.