The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment of eight months, the suspension of the execution of two years, the observation of protection, and the community service order of 80 hours) is too uneased and unreasonable.

2. The judgment of the defendant has been subject to punishment several times due to driving of alcohol or refusing to measure drinking, and the fact that the blood alcohol level was high at the time of the crime is disadvantageous to the defendant.

However, the lower court determined a punishment by reflecting all these circumstances, and there is no change in circumstances that could change the punishment of the lower court.

In addition, comprehensively taking account of the fact that the defendant recognizes and reflects the crime, and the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it is difficult to view that the court below's punishment is too uneasible and unfair.

3. The appeal by the prosecutor of the conclusion 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.