The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and two years of suspended execution) of the lower court is deemed to be too uneasy and unfair.

2. The crime of this case is a case where the defendant, who has been punished two or more times due to drinking driving, has been engaged in driving under the influence of alcohol, and the nature of the crime is not good, and driving under the influence of alcohol may bring about a serious danger to the life and property of another person as well as his own. 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, there is no past record of criminal punishment exceeding the fine, the blood alcohol concentration level at the time of detection was relatively high to 0.094%, the defendant's consciousness wanted to have the defendant's wife simply, and it is hard to say that the defendant will not repeat again, etc. are favorable to the defendant.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.