The prosecutor's appeal is dismissed.

1. The prosecutor's appellate brief of the grounds for appeal (ten months of imprisonment, two years of probation, 40 hours of probation, 160 hours of community service order) declared by the court below is too uneasy and unreasonable.

2. The judgment is an unfavorable condition against the Defendant, even though the Defendant had been subject to three times punishment for the same crime, and at the same time, the Defendant went to the instant crime, was under the influence of alcohol, and was under the influence of alcohol, and the risk is not significant in light of the form of the act.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant shows a serious reflective attitude while recognizing the crime of this case, the fact that there is no record of crime exceeding the fine, the fact that the risk of drunk driving and sckless driving is realized, and the fact that family members and scams seem to be relatively obvious in social ties, such as the fact that the defendant's family members and scambing their wife, etc., and the overall sentencing conditions in the arguments of this case, such as the defendant's age, character, character and behavior, environment, etc., the sentence of the court below cannot be deemed to be reasonable and reasonable, and it cannot be deemed unfair.

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.