The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the sentence of the lower court (two years of suspended execution in October, 40 hours of order to attend a law enforcement lecture, and 120 hours of community service order) is too uneased and unreasonable.

2. Determination

A. According to the records, the court below determined the punishment in consideration of various sentencing factors such as the fact that blood alcohol concentration is considerably high, that the records of punishment for the same kind of crime are several times, that the errors are divided and reflected, and that the family environment are against each other.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

3. In conclusion, 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.