The prosecutor's appeal is dismissed.

1. The lower court’s sentence (one year of imprisonment, two years of suspended execution, and 120 hours of community service order) on the gist of the grounds of appeal is too unfasible and unreasonable.

2. The following facts are favorable to the Defendant: (a) there is a number of times punishment for the same crime, including the suspension of the execution of imprisonment with labor, against the Defendant; (b) on the other hand, the Defendant reflects the crime; and (c) the driving distance was relatively short.

Considering the above circumstances and the sentencing conditions indicated in the records, such as the Defendant’s occupation, age, sex, environment, family relationship, etc., the lower court’s punishment is too unfeasible and it is difficult to view it as 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.