The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and 80 hours of community service order) of the lower court is deemed to be too unhued and unreasonable.

2. The judgment of the driving under the influence of alcohol is a very dangerous crime that may cause an unbruptive behavior to the life and home of others by raising the possibility of traffic accident, and is in need of strict punishment. At the time of the instant crime, the Defendant’s blood alcohol concentration at the time of the instant crime was considerably high by 0.170%, and the Defendant was issued a summary order of KRW 2.5 million at the Jeonju District Court on September 3, 2015 due to the crime of violation of the Road Traffic Act (driving) of the criminal fact that the Defendant driven a motor vehicle at the drinking level of 0,00 won at the Jeonju District Court on September 3, 2015.

However, it appears that the defendant is divided into and reflected against his criminal act; the defendant disposed of the vehicle driven at the time of the crime of this case, moved his place of residence from his place of work to his place of work three minutes away from his place of work; and the fact that the defendant has no record of criminal punishment other than that of punishment two times as above is favorable to the defendant.

In addition, in full view of the defendant's age, character and conduct, environment and other sentencing conditions, the sentence of the court below cannot be deemed to be 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.

However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the second third part of the judgment of the court below "the defendant violated the prohibition of drinking driving at least twice."