The prosecutor's appeal is dismissed.

1. The sentence of the lower court (one year of imprisonment, two years of suspended execution) is deemed to be too unhued and unreasonable.

2. The lower court determined that the Prosecutor had already been sentenced to punishment by fully taking account of all the circumstances, including the circumstances alleged as the grounds for appeal.

The defendant recognized the crime of this case, the blood alcohol concentration is not high, and there is no history of criminal punishment exceeding a fine.

In addition, even if all the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, are re-examineed, the sentence of the court below is too weak.

Therefore, prosecutor's assertion is not accepted.

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

However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the judgment of the court below is ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure, "the choice of punishment: the addition of "the choice of imprisonment"

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