The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (limited to 8 months of imprisonment, 2 years of suspended sentence, 80 hours of probation, 40 hours of probation, 40 hours of law-abiding driving class) is too uneasible.

2. The judgment of the court below was found to have poor quality of the crime committed by the defendant, even though the defendant was punished by a fine due to the same kind of the crime of this case in 2004, 2008, 2009, 2010, and 2011, he was driving a motor vehicle at the driver's license without any justifiable reason, and did not comply with the measurement of drinking conducted after the driver's license. At the time of the alcohol measurement as above, the defendant was trying to take a bath or harming the police officer who performed his official duties (the defendant had the record of punishment for suspension of execution due to the crime of obstruction of performance of the past duties, etc.). However, it was found that the defendant committed a crime against his mistake while leaving a criminal fact, the defendant did not have any criminal record, and there was no record of punishment exceeding the above fine due to the same crime, and the defendant did not have any additional risk of traffic accidents, etc. during the driving of this case, and the following circumstances are considered to be unfair.

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