The prosecutor's appeal is dismissed.

1. The gist of the prosecutor’s appeal is unreasonable, because the sentence imposed by the court below (two months of imprisonment, two years of suspended sentence, eight hours of social service, and forty hours of attending the compliance driving course) is too uneasible.

2. The judgment is an unfavorable circumstance to the Defendant, even though the Defendant had been subject to three times punishment for the same crime, and the blood alcohol concentration at the time of the instant crime is not lower than 0.128%.

However, considering the following factors: (a) the Defendant appears to have a strong reflective attitude while recognizing the instant crime; (b) the Defendant did not repeat again while disposing of the vehicle used at the time of the instant crime; (c) there is no record of a crime exceeding the fine; (d) the risk of drunk driving is realized; and (e) the risk of traffic accidents is not led to traffic accidents; and (e) the Defendant’s age, character and behavior, and environment are considered as favorable to the Defendant; and (e) comprehensively taking into account all the sentencing conditions of the instant argument, including the Defendant’s age, character and behavior, the lower court’s sentence appears to be within reasonable and appropriate scope

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.