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. The Defendant had three times the history of punishment for drinking or non-licensed driving, and was driving the instant drinking during the suspension of execution due to the same kind of crime.

On the other hand, the Defendant, while drinking the alcohol prior to the instant crime, was driven under the influence of the skin after being frightened, and was under the influence of the skin, and the nature of the crime is not much weighted in light of the circumstances, etc., and the alcohol concentration in the blood was relatively high by 0.064%.

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too uneasible and unfair.

Therefore, 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.