The prosecutor's appeal is dismissed.

1. The lower court’s sentence (two years of suspended execution, two years of protection observation, and forty hours of compliance driving order in the six months of imprisonment) on the summary of the grounds of appeal is deemed unreasonable as it is too uneasible.

2. Determination is recognized that the Defendant committed the instant crime without being aware of the fact that the Defendant had been punished twice due to the instant crime of drinking, and the driving of drinking is a crime that may have a great harm to an unspecified person, and the social risk is considerably high. At the time of the instant crime, the Defendant’s blood alcohol concentration at 0.164% and the degree of his driving is not insignificant.

However, it appears that the defendant is making efforts to prevent recidivism, such as recognizing the defendant's mistake, reflecting the fact that he commits a crime exceeding a fine, there is no history of committing a crime exceeding a fine, that is, the driving of a drinking, the fact that he does not cause a traffic accident, and that he disposes of his vehicle operated, and receives drinking-related education, and that social relation is clear. The court below ordered the defendant to observe the probation along with the suspended execution of imprisonment with prison labor, and that he also ordered the defendant as well as the strength of compliance driving directions. In addition, in full view of the circumstances of the crime of this case, circumstances after the crime of this case, the defendant's age, sexual behavior, environment, etc., the prosecutor's assertion is without merit, and thus, it is not recognized that the court below'

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.