The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment, three years of suspended execution, 80 hours of community service order, and 40 hours of law-abiding driving lecture) is too uneased and unreasonable.

2. The judgment of the driving under the influence of alcohol is a serious criminal who is likely to cause not only the occurrence of a traffic accident but also the life and home of another person, and the defendant was sentenced to a summary order of a fine of KRW 3 million by the Jeonju District Court on April 2, 2019 for the crime of violation of the Road Traffic Act at the Jeonju District Court on April 2, 2019, and even though there was a considerable reason to recognize the driving under the influence of driving again for about four months, the defendant refused a police officer's request for the measurement of alcohol so that the defendant interferes with the legitimate execution of public authority by obstructing the defendant.

However, after the crime of this case was committed on November 5, 2019, the defendant divided and reflected in depth by selling a vehicle owned by the defendant on November 5, 2019. The crime of this case is committed with the knowledge that the defendant driven a vehicle after drinking alcohol after a considerable time after drinking alcohol, and there are circumstances that may be taken into account in the course of the crime, including the fact that the danger of drinking alcohol driving is realized and the danger of driving is not led to traffic accident, the defendant does not have any criminal history in addition to the above summary order, and the defendant's age, character, character, environment and other sentencing conditions are considered as being too unjustifiable and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.