The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s imprisonment (two months of imprisonment and two years of suspended execution) is too unfluent and unfair.

2. The judgment of the Defendant is disadvantageous to the Defendant, even though he had the history of punishment for drinking driving two or more times, repeats drinking, and the Defendant’s blood alcohol concentration at the time of committing the instant crime.

On the other hand, there is a short distance from the Defendant’s operation of a vehicle while drinking, the Defendant was punished in 2013 and was not discovered due to drinking, and the Defendant recognized the instant crime, etc. are favorable to the Defendant.

In addition, the Prosecutor’s assertion is not acceptable on the ground that the sentence of the lower court is too unjustifiable and unreasonable, comprehensively taking account of the Defendant’s age, character and conduct, family environment, motive and background of the crime, and the circumstances after the crime.

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.