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. At the time of driving the instant drinking, the Defendant had been punished by a fine of 700,000 won in 202, a fine of 3 million won in 2004, a fine of 1.5 million won in 2008, a fine of 2 million won in 2010, and a fine of 2 million won in 2010, and the Defendant again committed the instant crime without being aware of the fact that he/she had been under suspension of the execution of the instant crime even though he/she was under suspension of the execution.

However, in full view of the following circumstances: (a) the Defendant led to the confession of the facts constituting an offense; (b) the Defendant is not subject to punishment by causing a traffic accident; (c) there is no record of punishment of a fine or heavier punishment for the same crime; and (d) the effect of the existing suspension of execution by sentence of imprisonment to the Defendant appears to be somewhat harsh; and (d) other circumstances that form the conditions for sentencing specified in the records and arguments of the instant case, including the Defendant’s age, environment, sex, motive for the crime, and circumstances before and after the crime, etc., it cannot

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.