The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment of eight months, the suspension of the execution of two years, and the order to attend a law-abiding driving lecture 40 hours) is too uneased and unreasonable.

2. The judgment has several records of punishment for the same crime, and the defendant's blood alcohol concentration is relatively high at the time of the instant case, etc. are disadvantageous to the defendant.

On the other hand, it is favorable to the defendant that the defendant recognized his mistake and is against the defendant, and that the defendant has no record of punishment beyond the fine.

Considering all of the above circumstances and other conditions of sentencing under Article 51 of the Criminal Act, it is difficult to deem that the lower court’s punishment is too unfasible and unfair.

Therefore, the prosecutor's above assertion is without merit.

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.