The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence in six months of imprisonment, and forty hours of compliance driving lectures) is too uneasy and unfair.

2. Despite the fact that the Defendant was punished twice due to drinking driving, the level of criticism is large in that he/she drives a motor vehicle while driving the motor vehicle at the high level of 0.148% alcohol level during his/her drinking.

However, in full view of all the sentencing conditions that are shown in the records and arguments, including the fact that the defendant committed a crime, the fact that the crime of this case did not lead to a traffic accident, the fact that the defendant did not have a criminal record in addition to a fine, and the defendant's age, sex, sex, environment, occupation, and circumstances after the crime, the sentence of the court below is too uneasible and it is not recognized as unfair.

3. As such, the prosecutor’s appeal is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That the application of the law of the court below to “1. Selection of punishment: Imprisonment without prison labor” is obvious that it is a clerical error, and it is corrected ex officio by adding it.)