The prosecutor's appeal is dismissed.

1. The sentence imposed by the lower court (eight months of imprisonment) is too unhued and unreasonable.

2. At the time of the instant case, the Defendant’s blood alcohol concentration was not lower than 0.11%, and the Defendant committed the instant crime with multiple criminal offenses including the fact that he/she committed the instant crime, even though he/she did not commit a repeated crime due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.). In light of the fact that he/she committed the instant crime, there is a need to strictly punish the Defendant in light of the fact that he/she committed the instant crime without being convicted of the fact that he/she committed the instant crime.

However, the defendant recognized and reflected the crime of this case, and disposed of the vehicle that was driven at the time of this case and did not repeat the crime.

In full view of the following circumstances: (a) the fact that there is a mother to support the Defendant; (b) there is no change in the conditions of sentencing compared with the lower court; and (c) the sentencing of the lower court is reasonable to respect it if it does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015); and (d) other circumstances that form the conditions of sentencing as shown in the instant records and arguments, such as the Defendant’s age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unaffortuous.

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.