The appeal by the prosecutor is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months and 3 years of suspended execution) is deemed to be too uneasy and unfair.

2. The judgment of the Defendant has already been punished three times (two times of fine and one time of suspended execution) due to drinking driving, and the Defendant committed the instant crime during the suspended execution period due to the same kind of crime, and the Defendant’s blood alcohol concentration at the time of drinking driving was considerably higher than 0.154%, and the Defendant’s blood alcohol concentration at the time of drinking driving was considerably higher than 0.154%, and the Defendant caused considerable danger to traffic on the road while driving.

However, in full view of all the sentencing conditions, including Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., the probation, compliance driving instruction and community service as an incidental disposition, and the execution of the execution of the execution of the sentence of imprisonment is not recognized to be unfair as it is so far as the sentence of the lower court ordering the Defendant to take follow-up probation, compliance driving instruction and community service as much as possible be reversed, in light of the following: (a) under the circumstances where the Defendant was under the influence of drinking alcohol; (b) the Defendant committed the instant crime while driving the drinking; (c) some of the circumstances may be taken into account; (d) the Defendant’s wife and his wife support the Defendant; and (e) the Defendant’s wife and his wife wanting the Defendant to take the front position; and (e) the Defendant’s age, character, environment, motive and consequence of the crime.

3. The final appeal by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the final appeal by the prosecutor is groundless. It is so decided as per Disposition.