The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended sentence, two years of probation, and forty hours of an order to attend a law-abiding driving course) that the court below sentenced is too uncomfortable and unfair.

2. The judgment that the defendant had a record of punishment several times due to drinking driving is disadvantageous to the defendant.

However, comprehensively taking account of the following factors: (a) the Defendant recognized his mistake and reflects; (b) the Defendant has no record of being punished in excess of the fine for the same kind of crime; and (c) the Defendant’s age, character and conduct; (d) motive of the crime; (e) blood alcohol density; (e) driving distance; and (e) circumstances after the crime, the sentencing of the lower court appears to have been conducted within the reasonable scope of discretion by taking into account all the sentencing conditions specified in the proceedings of the instant case; and (e) there was no special change of circumstances that could change the sentencing of the lower court, so it cannot be deemed unfair

Therefore, the prosecutor's above assertion is without merit.

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.