The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended sentence, two years of probation, 40 hours of social service, 40 hours of compliance driving course) that the court below made is too unfford and unreasonable.

2. It is recognized that the Defendant had a record of being punished two times by a fine due to drinking driving, even though he had committed the instant crime without any particular warning, it appears that the warning or criminal awareness about drinking driving appears to be imminent and that there is a risk of recidivism, and that the blood alcohol concentration is considerably higher than 0.137% and the driving distance is about 10km.

The above is the circumstances unfavorable to the defendant.

On the other hand, it is recognized that there is no history of punishment exceeding a fine for traffic-related crimes, the defendant's wife is remarkably divided, and the defendant complained of the defendant's wife only once, and the defendant's own effort not to stop such crimes, such as scrapping of the vehicle of this case.

The above is the circumstances favorable to the defendant.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

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.