The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (six months of imprisonment, two years of suspended execution, two years of observation of protection, and eight hours of social service) is deemed to be too uneasible and unfair.

2. The Defendant committed the instant drinking crime even though he/she was punished by a fine due to being discovered by driving under drinking in March and September 2016, and the Defendant’s blood alcohol concentration at the time of the instant case was 0.160% higher than the Defendant’s blood alcohol concentration at the time of the instant case is disadvantageous to the Defendant.

On the other hand, it is favorable that the defendant reflects the crime in depth, and that there is no other punishment force except for the previous convictions on the two occasions.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.