The appeal by the prosecutor is dismissed.

The summary of the grounds for appeal (unfair punishment) of the court below's sentence (two months of imprisonment and two years of suspended execution) is unreasonable.

Judgment

The defendant's denial of the crime of this case and did not reflect his mistake, and the blood alcohol concentration of the defendant at the time of drunk driving is 0.168% and considerable depositee is disadvantageous to the defendant.

However, in full view of the facts that the Defendant did not cause an accident while driving under the influence of alcohol in this case, the Defendant was sentenced to a fine once for the same crime, that there was no record of being sentenced to a suspension of execution or more severe punishment, and that the Defendant’s health status seems not good, and other all the sentencing conditions, including Defendant’s age, character and behavior, environment, circumstances leading to the instant crime, and circumstances before and after the instant crime, it is not recognized that the sentence of the lower court is too unreasonable

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 by the prosecutor is without merit.