The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the court below against the defendant (limited to eight months of imprisonment, two years of probation, 120 hours of community service order, 40 hours of order to attend a course) is too uncompared and unreasonable.

Judgment

In addition, even though the blood alcohol concentration (0.203%) of this case is high and the defendant has been punished several times due to drinking or non-licensed driving, the defendant has no record of being punished in excess of the fine yet, and the defendant is divided by mistake, and all the sentencing conditions of the records and arguments of this case, such as the defendant's age, character and behavior, environment, background of crime, circumstances after crime, etc., are taken into account. Thus, the court below's punishment cannot be deemed to be less than that of the defendant.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.