The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months, two years of suspended execution, probation, etc.) of the lower court is deemed to be too uneasible and unfair.

2. The crime of this case is a situation unfavorable to the defendant, where the defendant who violated two or more times the prohibition of drinking alcohol driving, drives a vehicle while under the influence of alcohol 0.071%, and the nature of the crime is not weak. The defendant already has the record of criminal punishment of a fine three times due to drinking driving, and the driving under the influence of alcohol may cause serious danger to the life and property of others.

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake, that the distance of drinking driving is relatively short of about 300 meters, and that the defendant would not repeat such mistake again is favorable to the defendant.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.