The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment with prison labor for a year, two years of probation, and observation of protection) is too uneased and unreasonable.

2. The lower court determined that the Defendant was sentenced to punishment by taking into account all the circumstances, such as the developments leading to drinking alcohol driving, the distance from drinking (70km), the numerical value of drinking measurement (0.149%), a number of criminal records of the same kind including imprisonment and criminal punishment, the risk of recidivism, the Defendant’s age (71 years old), and the serious reflectivity.

When comprehensively considering the conditions of sentencing, the sentencing judgment of the court below exceeded the reasonable limits of discretion in light of the matters requiring conditions of sentencing, the statutory penalty, the sentencing guidelines, etc. in the court below.

There is no circumstance that the lower court’s maintenance of the determination of sentencing is unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, the Prosecutor’s assertion on the sentencing and light of the determination of sentencing is rejected.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.