The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for eight months of imprisonment, eight hours of community service, and forty hours of attending the law-abiding driving course) is too unhued and unreasonable;

2. Determination is an unfavorable circumstance that the Defendant was subject to a suspended sentence due to drinking driving in 200, drinking driving in 2001, drinking driving in 2005 and 2008, each of the fines due to drinking and unlicensed driving in 2008, and a suspended sentence due to drinking driving in 201.

However, considering the favorable circumstances, such as the fact that the defendant's mistake seems to have been recognized and reflected, the defendant's blood alcohol content is relatively low to 0.067%, and the defendant thought that he was broken in the drinking by taking the waters for about five hours after drinking alcohol, and that he was driven by considering all the sentencing conditions in the instant case, such as the defendant's age, character and behavior, environment, circumstances and consequence of the instant crime, and the following circumstances, the court below's punishment is deemed to be too unjustifiable, and thus, the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.