The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (limited to eight months of imprisonment, two years of suspended sentence, 80 hours of community service, and 40 hours of attending the law-abiding driving course) is too unhued and unreasonable;

2. The judgment of the court below is a very dangerous crime that may cause unexpected behaviors to the life and home of others as well as the possibility of traffic accident. It is necessary to strictly punish the defendant. The defendant's spouse's false statement made to the police officer dispatched upon receiving the 112 report that the defendant's spouse was driving. On September 24, 2009, the defendant was punished for the same crime as the crime of violation of the Road Traffic Act of 0.055 percent of blood alcohol level at the Seosan branch of the Daejeon District Court on September 24, 2009. The summary order of KRW 70,00 won is issued for the crime of violation of the Road Traffic Act of 0.75 percent of blood alcohol level, and on March 12, 2014.

However, the circumstances are favorable to the defendant, such as the fact that the defendant is divided and reflected in his criminal act, the distance of the defendant's operation of a motor vehicle to the state of driving is about 100 meters, and that the defendant has no record of criminal punishment since 2015.

In addition, in full view of the defendant's age, character and conduct, environment and other sentencing conditions, the sentence of the court below cannot be deemed to be too uneasible and unfair.

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.