The prosecutor's appeal is dismissed.

1. The lower court’s sentence (ten months of imprisonment, two years of suspended sentence, two years of probation, observation of protection, community service order 120 hours, and 40 hours of lectures for treatment of alcohol addiction) of the gist of the grounds for appeal is deemed unreasonable because it is too uneasible.

2. The judgment has a record of being punished several times for the same crime, and the defendant's blood alcohol concentration at the time of the instant case is disadvantageous to the defendant.

Meanwhile, the circumstances are favorable to the defendant, such as the fact that the defendant acknowledges his mistake, reflects his depth, and again does not drive drinking, that there is no criminal history exceeding the fine imposed on the defendant, that there is a family member to support, and that there seems to be relatively little social relationship between the defendant's family and social relationship.

Considering all of the above circumstances and other conditions of sentencing under Article 51 of the Criminal Act, it is difficult to deem that the lower court’s punishment is too unfasible and unfair.

Therefore, the prosecutor's above assertion is without merit.

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.