The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence in the month of imprisonment) is deemed to be too unhued and unfair.

2. The judgment that the defendant has a record of being punished for the same crime is disadvantageous to the defendant.

However, in light of the fact that the defendant's mistake is recognized and reflected, that the drinking volume of the defendant is very high, and that other circumstances shown in the argument in this case are taken into account, it is not recognized that the sentence of the court below is too uneasible and unfair, and thus, the prosecutor's assertion is rejected.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.