The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (three years of suspended execution for one year of imprisonment, and forty hours of probation and order to attend a lecture) of the lower court is deemed to be too unhued and unreasonable;

2. Although the Defendant had a majority of the records of punishment for drinking driving and refusing to measure drinking, etc., again committed the instant crime, etc., in full view of the circumstances unfavorable to the Defendant, such as the Defendant’s acknowledgement of the Defendant’s crime, and other various circumstances, including the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, etc., it is deemed that the lower court’s punishment is too unjustifiable and unreasonable. Thus, the Prosecutor’s allegation of unfair sentencing 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 ground that it is without merit. It is so decided as per Disposition.