The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, probation, community service, and forty hours of compliance driving) of the lower court is deemed to be too unhued and unreasonable;

2. The fact that the defendant has been punished three times by a fine due to an unlicensed license or a drunk driving is disadvantageous to the defendant.

However, considering the favorable circumstances, such as the defendant's mistake and the blood alcohol content is not high as 0.058%, the defendant has no record of being sentenced to a suspended sentence or heavier punishment for the same kind of crime, and deposit one million won for the victim without the degree of injury to the victim, and other favorable circumstances, such as the defendant's age, character, conduct, occupation and environment, motive and circumstance leading to the crime of this case, and the circumstances after the crime, etc., the court below's sentence is too unreasonable, and thus, the prosecutor's assertion is without merit.

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