The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal that the court below rendered is too unhued and unreasonable.

2. On August 23, 2012, the Defendant was sentenced to one year and six months of imprisonment, and three years of suspended execution, and committed the instant crime during the suspended execution period. The Defendant committed the instant crime under the instant suspended execution period after being sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) in the Daegu District Court's Ansan Branch of the Daegu District Court on August 23, 2012.

At the time, the blood alcohol concentration of the defendant was 0.14% higher.

However, the defendant does not have any history of criminal punishment exceeding fine due to the same crime, and the driving distance is relatively short of 700 meters.

In full view of the fact that the defendant's mistake in the crime of this case is divided, and all of the sentencing conditions in the records and pleadings, such as the defendant's age, character and conduct, environment, etc., it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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.