The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (limited to imprisonment for eight months, suspension of execution for two years, community service 120 hours, and 40 hours during a compliance driving course) of the lower court is deemed to be too unhued and unreasonable.

2. On May 3, 201, the Defendant was sentenced to imprisonment for 6 months and 2 years of suspended execution on several occasions due to a violation of the Road Traffic Act (driving) on the part of the Defendant, and committed the instant crime during the period of suspended execution.

At the time of the instant crime, the Defendant’s blood alcohol concentration was considerably high by 0.123%.

However, the defendant has not committed a second offense in depth while committing a crime.

The defendant is still responsible for the livelihood of his wife, two children, and one child, who are students, and is currently living in good faith while operating D.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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