The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the three years of suspended execution in August, community service, 120 hours in social service, and 40 hours in law-abiding driving lectures) that the court below sentenced is too unhued and unreasonable.

2. In light of the fact that the defendant had been punished several times in the past due to drinking driving and that the defendant committed the crime of this case even though he had the past history of having been sentenced to imprisonment or a suspended sentence of imprisonment, it is necessary to strictly punish the defendant. However, the defendant has no record of punishment for the same crime for a period exceeding five years since he was sentenced to four months due to drinking driving in around 2008, and his mistake is deeply divided and reflected in his depth. In full view of all other circumstances, the defendant's age, character and behavior, environment, circumstance and contents leading to the crime of this case, and circumstances after the crime, etc., it is not recognized that the court below's punishment is too unjustifiable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.