The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended execution in the imprisonment of eight months and forty hours of compliance driving) is deemed to be too uneasy and unfair.

2. In addition, despite the fact that the Defendant had been punished five times due to driving of alcohol, the Defendant committed the instant crime at the same time, and the degree of criticism is high in that the blood alcohol concentration at the time of committing the instant crime is 0.148%.

However, in full view of the following facts: (a) the Defendant committed a crime, while intending to commit a crime, has not been punished for driving alcohol for the last ten years; and (b) the overall sentencing conditions shown in the records and arguments, such as the Defendant’s age, sex behavior, environment, occupation, and circumstances after committing a crime, the lower court’s punishment is too uneasible and thus is not deemed unfair.

3. As such, the prosecutor’s appeal is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That the application of the law of the court below to “1. Selection of punishment: Imprisonment without prison labor” is obvious that it is a clerical error, and it is corrected ex officio by adding it.)