The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that of the lower court’s punishment (one year of imprisonment, two years of suspended execution, and order to attend a course) is too unhued and unreasonable;

2. The Defendant had the record of being punished by a fine twice due to drinking driving, and the blood alcohol concentration at the time of the instant drinking driving is considerably high.

However, since 2013, the defendant has no record of criminal punishment for drinking driving, and is against his mistake.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, background of the crime, circumstances after the crime, etc. and various circumstances revealed by the instant pleadings and records, it is not recognized that the lower court’s punishment is too uneasible and unreasonable, including the fact that probation is not imposed.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.