The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended execution, and forty hours of the law-abiding class) declared by the court below is too unfasible and unfair.

2. The judgment defendant committed the instant crime even though he/she had the history of criminal punishment several times due to drinking driving.

At the time of the instant crime, the Defendant’s blood alcohol concentration is considerably high to 0.123%.

However, the defendant has not committed a second offense in depth while committing a crime.

The defendant is currently living separately from his wife and his family, and it is difficult to keep his family members away from his family.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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.