The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that of the lower court’s punishment (one year of imprisonment, two years of suspended execution, and order to attend a course) is too unhued and unreasonable;

2. It is reasonable to respect the sentencing conditions compared to the judgment of the first instance court, if there is no change in the sentencing conditions, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). From this point of view, the court below set a punishment against the defendant in comprehensive consideration of the circumstances favorable to the defendant (such as the fact that the defendant recognized the crime of this case and reflects the fact that there are two times the past records of punishment for the violation of the Road Traffic Act) such as the reason for sentencing in its judgment, etc. (the fact that the defendant recognized the crime of this case and said that the defendant would not drive under the influence of alcohol again), and there is no special change of circumstances that could change the sentence of the court below after the sentence of the court below.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, motive, background, means, and consequence of the crime, various sentencing conditions as shown in the instant pleadings, including the fact that probation was not imposed, the lower court’s sentencing is too unhued and thus, does not seem to have exceeded the reasonable scope of discretion.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.