The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence in six months of imprisonment, and forty hours of compliance driving lectures) is too uneasy and unfair.

2. Despite the fact that the Defendant was punished twice due to drinking driving, the level of criticism is high in that he/she drives a motor vehicle in the state of drinking alcohol concentration of 0.19% during driving at the same time.

However, in full view of the following factors: (a) the Defendant committed a crime against the wrong person while committing the crime; (b) the instant crime did not lead to a traffic accident; (c) the Defendant did not have a criminal record in addition to a fine; and (d) the Defendant’s age, sex behavior, environment, occupation, circumstances after the crime, etc., and all the sentencing conditions indicated in the records and arguments, the lower court’s punishment is too uneasible and unreasonable.

3. As such, 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 by the court below (Provided, That the application of the law of the court below to “1. Selection of punishment: Imprisonment without prison labor” is obvious that it is a clerical error, and it is corrected ex officio by adding it.)