The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) considering the fact that the Defendant, who was under the suspension of execution due to the violation of the Road Traffic Act due to a drunk driving, committed the instant crime again, and the risk of repeating the crime is substantial, and the degree of blood alcohol level is high; and (b) social consensus on the necessity of the strict punishment for drunk driving is formed, the punishment of the lower court (one year of imprisonment, two years of suspended execution, and 40 hours of an order to attend a course) is too uneasible.

2. We examine the judgment on the grounds of appeal, and the above circumstances alleged by the prosecutor are deemed to have been sufficiently considered in the court below’s determination of the punishment at the court below. Moreover, considering the following factors: (a) the Defendant’s mistake when committing the instant crime was committed; and (b) the Defendant has no specific penalty power other than the power to suspend the execution of the said case, the sentencing of the court below does not seem to have exceeded the reasonable scope of discretion because the sentencing of the court below is too unfeasible.

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.