The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, the community service hours of 80 hours) is deemed to be too uneasible and unfair.

2. Determination is that the Defendant, while being punished by a fine for driving under the influence of alcohol in 2013 and 2016, re-driving the instant drinking without a license, and that the Defendant’s blood alcohol concentration at the time of the instant case was 0.163% higher than that of the Defendant’s blood was disadvantageous to the Defendant.

On the other hand, the fact that the defendant reflects his mistake and that there is no other punishment force except for the past two times of fines.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.