The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the punishment (two months of imprisonment, two years of suspended execution, and forty hours of an order to attend a law-abiding driving lecture and alcohol treatment lecture) declared by the court below is too unfford.

2. The judgment of the defendant committed the crime of this case again with the record of being punished three times due to drinking driving.

At the time, blood alcohol concentration was 0.112% higher.

However, the defendant did not have any record of criminal punishment heavier than that of the suspension of execution for the same crime, and he did not repeat the crime of this case in depth.

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.