The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal (unfair sentencing) is that of the lower court’s punishment (i.e., eight months of imprisonment and two years of suspended sentence, etc.) is too uneased and unreasonable.

2. Determination of the instant crime is a situation unfavorable to the Defendant, such as the fact that the Defendant, who had been punished twice or more due to drinking driving, once again, once driving alcohol, has the nature of such crime, and the Defendant had the record of criminal punishment of fines twice for the same crime even before, and that the Defendant’s blood alcohol concentration level exceeds 0.085% at the time of detection.

On the other hand, the defendant's recognition of the crime of this case and reflects the mistake, the distance of the defendant's driving is relatively short as 1 km, and the same mistake is not repeated again.

It is hard to say that it is favorable to the defendant.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the 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 as it is without merit. It is so decided as per Disposition.