The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (limited to imprisonment for eight months, suspension of execution for three years, community service hours, and 80 hours for compliance driving for 40 hours) that the court below made is too unfasible and unreasonable.

2. The Defendant committed the instant crime even though he/she had the record of being punished once a suspended sentence and twice a fine due to refusal of drinking alcohol measurement or driving under influence of alcohol.

The blood alcohol concentration at the time of drinking driving is considerably high 0.158% and 0.096%.

On March 19, 2013, the criminal quality is not good in that the defendant was discovered while driving under the influence of alcohol on March 19, 2013 and was driving under the influence of alcohol on March 30, 2013.

However, the defendant has not committed a second offense in depth while committing a crime.

On March 30, 2013, the crime was committed by the defendant on March 30, 2013, and the defendant thought that the following day after drinking alcohol on the preceding day and locking at the house, he was driving.

The defendant is faithfully living while working in E, and his wife and elementary school students are responsible for his livelihood.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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.