The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unfasible and unfair.

2. It is recognized that the defendant committed the crime of this case during the period of suspension of execution due to the crime of violating the Road Traffic Act (non-licensed driving), the defendant has the record of a four-time fine due to the violation of the Road Traffic Act (driving) and of a suspended sentence of imprisonment once.

However, the defendant recognizes the crime of this case and disposes of the vehicle used for the driving of the drinking of this case, and does not drive again.

It is recognized that the Defendant’s blood alcohol concentration at the time of the instant case is not relatively high to 0.094%, and that there was no physical damage due to the instant crime.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unfeasible 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.