The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (two years of suspension of execution, observation of protection, community service order 80 hours, and 40 hours of lecture for alcohol addiction treatment in the period of six months of imprisonment) that the court below sentenced is too uneasy and unreasonable.

2. The judgment that the defendant was punished twice due to drinking driving and committed each of the crimes in this case on the day of the suspension of the execution of imprisonment due to the crime of violating the Road Traffic Act (drinking driving), is disadvantageous to the defendant.

However, if the defendant repents and reflects his mistake, and the defendant has no record of punishment exceeding the fine due to drinking driving prior to the crime of this case, it is necessary to consider the equality in the case of concurrent judgments with the crime of violating the Road Traffic Act (driving) as stated in the judgment of the court below, which became final and conclusive. In addition, if the defendant's age, sex, environment, circumstances of the crime, circumstances after the crime, etc. are comprehensively considered, the sentence of the court below is too uneasible and unfair.

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.