The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (two years of suspended sentence of eight months, one year of surveillance of protection, one year of community service, 80 hours, and forty hours of lecture of compliance driving) on the gist of the grounds of appeal is deemed to be too uneasible and unfair.

2. The Defendant committed the instant crime even though he/she had been subject to punishment several times for the same type of crime, such as drinking, unlicensed driving, etc.

However, in full view of the following circumstances, including the Defendant’s absence of criminal records exceeding the fine and the blood alcohol concentration of less than 0.1%, the sentencing of the lower court is not unfair in view of the following circumstances: (a) there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, including the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime; and (b) there are no special circumstances

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.