The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one year and six months of imprisonment, three years of suspended execution, order of observation of protection, and order of community service 120 hours) is too unfasible.

2. It is recognized that the Defendant had a total of five times of punishment, including the suspended sentence of imprisonment, due to the same crime, and that the Defendant’s blood alcohol concentration at the time of the instant case is relatively high by 0.119%.

However, it is also recognized that the Defendant recognized the instant crime and reflects the fact that there was no physical damage due to the instant drinking driving, the Defendant’s distance of drinking is relatively short, and the Defendant disposed of the vehicle, treated alcohol addiction treatment, and prevented recidivism.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unfeasible 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.