The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence in the month of imprisonment with prison labor) is unreasonable because it is too unfasible.

2. The judgment is that the defendant has been punished twice due to the violation of the Road Traffic Act (driving), and that the defendant's drinking value is high is disadvantageous to the defendant.

However, in light of the fact that the Defendant’s immediately preceding drinking driving crime was about seven years prior to the date of the instant drinking driving crime, the Defendant’s mistake was recognized and reflected, and other circumstances revealed in the argument in the instant case, the lower court’s punishment is too unfasible and it is not deemed unfair, and thus, the Prosecutor’s assertion is rejected.

3. The prosecutor’s appeal of conclusion is without merit and is dismissed pursuant to Article 364(4) of the Criminal Procedure Act (Provided, That pursuant to Article 25(1) of the Rules on Criminal Procedure, ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, “Article 60(3) of the Juvenile Act” as applicable to the judgment below is corrected.