The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the sentence imposed by the court below on the defendant (the imprisonment of eight months, the suspension of execution of two years, and the suspension of education 40 hours) is too unhued and unreasonable.

2. Although the judgment of the defendant is not good for committing the same kind of crime in this case even though the majority of the criminal records of the same crime (including one time of actual punishment and one time of suspended execution), it is not recognized that the sentence of the court below is too unjustifiable and unfair in view of the following circumstances: the defendant confessions and reflects the criminal facts; the distance from driving in a drinking state is not long; the defendant has no record of punishment for the same crime since 201; the defendant was found to have been driving in the same kind of crime; the danger is less likely to cause a traffic accident; and other circumstances shown in the records and arguments, such as the defendant's age, sexual behavior, environment, etc., are taken into account.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.