The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended sentence, 80 hours of community service, 40 hours of law-abiding class) of the lower court is deemed to be too unhued and unreasonable;

2. Determination of the facts that the crime of this case is not good, and that the defendant has a criminal record of the same kind is disadvantageous to the defendant.

On the other hand, it is favorable that the defendant generally reflects his mistake, that the distance of the defendant's driving is not clear, and that the blood alcohol concentration is low.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, it is not recognized that the lower court’s punishment is too unjustifiable, and thus, the Prosecutor’s assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.