The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (two-month suspension of the execution of imprisonment, forty-hours in lectures for compliance driving, forty-hours in alcohol treatment, forty-hours in community service, forty-hours in community service) is too unfford and unfair.

2. It is recognized that the judgment defendant has a record of being punished several times for the same crime, and that the blood alcohol concentration in the blood is 0.110% and its numerical value is high.

However, considering all of the sentencing conditions stated in the pleadings of this case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant crimes, etc., the lower court’s punishment is too uneasy and is not deemed unfair, in light of the following: (a) the Defendant has committed a crime, and there is no history of punishment heavier than a fine; (b) the distance of driving a drinking or non-license without a license is about 500 meters; and (c) the Defendant’s age, sexual behavior, environment, motive, means and consequence of each of the instant crimes; and (d)

Therefore, prosecutor's 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.