The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (three years of suspended sentence in imprisonment with prison labor for ten months) is deemed to be too unhued and unfair.

2. On April 26, 2012, at the same time, the Defendant was punished twice due to drinking driving, and in particular, from the support of the Daegu District Court, the Defendant was sentenced to imprisonment for three years due to a traffic accident due to drinking driving, and was sentenced to a four-year suspension period, and was in the suspension period, the Defendant is highly subject to criticism in that the Defendant drives a motor vehicle in the condition of drinking alcohol concentration of 0.175% during drinking while driving the motor vehicle.

However, in full view of the following facts: (a) the Defendant committed a crime; (b) the Defendant committed a crime; (c) the Defendant did not repeat again while disposing of the vehicle used for the crime; (d) the instant crime did not lead to a traffic accident; (c) the Defendant was able to commit the instant crime in most of the four-year suspended execution periods; and (d) the Defendant committed the instant crime in front of the said four-year suspended execution period; and (c) the Defendant’s age, sex behavior, environment, occupation, and circumstances after the commission of the crime; and (d) the various sentencing conditions indicated in the pleadings and arguments, such as the Defendant’s age, sex, environment, occupation

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.