The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (one year of suspended sentence, one year of protection observation, 40 hours of community service order, and 40 hours of lectures for treatment of alcohol addiction), which the court below sentenced, is unreasonable, because it is too unfasible.

2. Even though the defendant had been punished twice due to drinking driving, the fact that he/she drives the drinking of this case is disadvantageous to the defendant.

However, when comprehensively considering the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, the fact that the defendant has no record of punishment in excess of a fine due to drinking driving, and all of the sentencing conditions indicated in the instant case, such as the defendant’s age, sex, environment, motive for committing the crime and circumstances after committing the crime, the lower court’s punishment is too uneasible and unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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.