The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment with prison labor for a year, two years of probation, and observation of protection) is too uneased and unreasonable.

2. The lower court determined, in light of the fact that the Defendant was punished by a fine for driving under the influence of alcohol in 2009 and 2014, other than the instant drinking driving, and the blood alcohol level at the time of the instant case reaches 0.251%, and that the Defendant again commits a violation of the Road Traffic Act (e.g., refusal of a measurement of drinking), etc. after he/she was found to have been found to have driven under the influence of alcohol at the time of the instant case, the lower court held that the relevant crime was heavy and that the Defendant

Before the instant case, it seems that the Defendant was sentenced to punishment by taking into account the circumstances such as the fact that there was no past record of punishment exceeding the fine.

When comprehensively considering the motive, circumstance, result, the circumstances after the crime, the defendant's age, sexual conduct, record of punishment, etc. in the trial of the political party, as well as the matters under the conditions of sentencing, including the punishment, the judgment of the court below exceeded the reasonable bounds of discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

Therefore, prosecutor's sentencing and warning cannot be accepted.

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.