The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (limited to eight months of imprisonment, two years of suspended execution, and forty hours of an order to attend a law-abiding lecture) that the court below sentenced is too unfasible and unfair.

2. The Defendant, in the same case, had been punished several times, including one time of suspended execution, but at the same time, committed the instant crime, and the nature of the crime is heavy.

Since the defendant's blood alcohol concentration is 0.104% high, the defendant's strict punishment is recognized.

However, the defendant recognized the error of the crime of this case and is in profoundly against it.

The defendant does not repeat the defendant's vehicle while disposing of the defendant's vehicle, and there is no record of criminal punishment exceeding the suspended execution.

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.