The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (two years of suspended sentence of six months, community service hours, 80 hours in social service, 40 hours in a compliance driving instruction, and 40 hours in a alcohol treatment instruction) that the lower court pronounced is deemed to be too uneasy and unreasonable.

2. It is recognized that the judgment defendant has a record of being punished twice due to the operation of the same kind of drinking, and the blood alcohol concentration in the blood is 0.191% high.

However, taking into account the following circumstances: (a) the Defendant’s mistake is divided; (b) there is no history of punishment heavier than a fine; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and (d) all of the sentencing conditions stated in the pleadings of the instant case, such as the motive, means and consequence of the instant crime; (b) the lower court’s punishment is too unaffortable and unfair

Therefore, 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.