The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (two years of suspended sentence for one year of imprisonment, the observation of protection, and the community service order of 180 hours) on the gist of the grounds of appeal is deemed to be too uneasible and unreasonable.

2. In light of the fact that the Defendant was punished several times by a fine and suspended sentence due to the same crime, and that the Defendant committed the crime of drinking in this case at the time of the crime, and that the blood alcohol concentration at the time of the crime is considerably high by 0.129%, strict punishment against the Defendant is required.

However, the defendant was aware of the crime of this case and divided, and the defendant sold the vehicle of this case operated and would not drive the vehicle again.

In full view of the fact that the sentencing of the lower court is too uneasible and unfair, in light of the following: (a) the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence thereof; and (b) the circumstances after the crime were committed; and (c) the sentencing of the lower court is deemed unfair.

3. 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 is without merit. It is so decided as per Disposition.