The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, 40 hours of community service, and 40 hours of law-abiding driving) that the court below made is too unfasible and unfair.

2. The Defendant committed the instant crime with the history of having been punished several times, including one time of suspended sentence due to drinking driving.

The defendant's blood alcohol concentration was 0.158% higher.

However, the Defendant did not have any record of crime other than those subject to punishment for the same kind of crime, and did not repeat the crime of this case in depth.

The crime of this case does not cause a traffic accident caused by a simple drinking driving.

In addition, in full view of the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, and all the sentencing conditions shown in the records and pleadings, the sentence imposed by the lower court cannot be deemed unfair because it is too uneasible.

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