The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (a punishment of eight months of imprisonment, two years of suspended sentence, 40 hours of compliance driving lectures, and 80 hours of community service order) is too uneasy and unfair.

Judgment

The defendant's blood alcohol concentration of 0.307% is very heavy in that he/she driven a motor vehicle under influence of alcohol.

In addition, in the course of driving a vehicle, the defendant suffered from the damage of the vehicle due to a traffic accident that conflicts with two vehicles (Evidence Record 5,38-39). However, there is a tendency that ① the defendant reflects his/her mistake, and the chronic C-type infection has a tendency that drinking level higher than drinking level is higher than drinking level due to chronic C-type infection.

The statement is made by the defendant, ② there is no previous conviction in the same kind since 2008 (Evidence No. 46-48 of the evidence record, 2 years of suspended sentence in August 1997, 2 years of imprisonment with prison labor in 2003, 6 months of imprisonment with prison labor in 2004, 1 year of imprisonment with prison labor in 2007, 3 times of fine in the other same kind of crime). ③ The driving distance of drinking is about 50 meters, ④ In full view of all the sentencing conditions such as the defendant's age, sexual behavior, environment, after the crime, etc., the sentence of the court below is too unreasonable.

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