The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (limited to 8 months of imprisonment, 2 years of suspended sentence, 80 hours of probation, 40 hours of probation, 40 hours of law-abiding driving class) that the court below sentenced is too unfasible and unfair.

2. The judgment defendant had a record of having been punished several times for the same crime, and again committed the crime of this case.

Blood alcohol concentration was considerably high by 0.214%.

However, since 2003, the defendant was sentenced to a fine once in 2007 and 2010, and the defendant did not commit a second offense by reflecting the mistake of the crime in depth.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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.