The prosecutor's appeal is dismissed.

1. The sentence imposed by the lower court on the summary of the grounds of appeal (two years of imprisonment for a term of six months suspension, two years of community service order, 120 hours of community service order, and 40 hours of order to attend a course) is too unfasible and unreasonable.

2. Considering the fact that the Defendant, even though he had been punished for drinking twice in 2009 and around 2012, driven a motor vehicle under the influence of drinking alcohol concentration of 0.277% in the blood transfusion, it cannot be denied that the Defendant need to give more severe warning to the Defendant.

However, there is no criminal history except that the defendant has been sentenced to a fine twice, and the crime of this case is about driving 100 meters or more to move the substitute driver to the place where the substitute driver can find, and the fact that the defendant has driven 100 meters or more in order to move the substitute driver to the place where the substitute driver can find, etc. should be taken into consideration in light of the circumstances favorable to the defendant.

Considering the above circumstances and the overall circumstances such as the Defendant’s age, sex, environment, criminal records, and circumstances after the crime, the punishment sentenced by the court below is within the scope of the reasonable discretion for sentencing.

The decision is judged.

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.