The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the sentence of the lower court (two months of imprisonment, two years of suspended execution, forty hours of community service order, forty hours of order to attend a law-abiding driving lecture) is too unhued and unreasonable;

2. The Defendant’s blood alcohol content is calculated by 0.114%, five times of which are previous records, and one time of which is previous records of suspended execution. However, in light of the Defendant’s age, character and conduct, environment, motive, means and consequence of the Defendant’s crime, and all of the sentencing conditions indicated in the records of this case, such as the circumstances after the crime, it cannot be deemed that the sentence of the lower court against the Defendant is too unreasonable.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.