The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) the Defendant, who has been punished four times due to the violation of the Road Traffic Act due to the drinking driving, such as this case, was driving in the state of drinking alcohol concentration of 0.158%; and (b) the risk of recidivism seems to be considerable; and (c) there is a social consensus on the necessity for the strict punishment of drinking driving, the punishment of the lower court (one year of imprisonment, two years of suspended execution, probation, order to attend a lecture, and community service) is deemed to be too uneasy and unreasonable.

2. In light of the judgment, the circumstances alleged by the prosecutor in the grounds of appeal are deemed to have been sufficiently taken into account when determining the punishment at the court below. The defendant committed the crime in this case while recognizing the facts of the crime in this case, and his mistake is divided in depth. In this case, the defendant merely merely drives Ortoba in drinking condition without causing traffic accidents, and other factors of sentencing in this case including the defendant's age, character and behavior, environment, background, means and consequence of the crime, and circumstances after the crime, etc. are taken into account, the sentencing judgment of the court below cannot be deemed to have exceeded the reasonable scope of discretion.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.