The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution in six months of imprisonment and forty hours of lecture attendance order for compliance driving) is too uneased and unreasonable.

2. In light of the fact that the driving of the judgment is likely to cause great harm to an unspecified person, which is highly dangerous to the society, that the Defendant once again drives the drinking while having been punished for driving the drinking, which caused the injury to the victim, and that the Defendant’s blood alcohol concentration was very high at the time of driving the drinking, there is a need for strict punishment against the Defendant.

However, in full view of the following: (a) the Defendant recognized his mistake and reflects in depth; (b) the Defendant agreed with the victim; (c) the Defendant was an automobile comprehensive insurance policyholder; and (d) the Defendant had no other same criminal history except for one time of fine; and (d) other various sentencing conditions as shown in the instant pleadings, such as the background of the instant crime; (b) the circumstances after the instant crime; (c) the Defendant’s age; and (d) the Defendant’s sexual behavior and environment, etc., the Prosecutor’s 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.