The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended sentence, 80 hours of community service, 40 hours of order to attend a compliance driving lecture) of the court below is deemed to be too unhued and unreasonable.

2. The Defendant again committed the instant crime even though he/she had the record of punishment for drinking and driving without obtaining a license (excluding suspension of execution of sentence and fine).

Blood alcohol concentration was also 0.165% higher.

However, the distance of the defendant's driving is relatively short, and the defendant is divided into the crime of this case and reflects it.

In full view of the fact that the defendant has a family to support and all the sentencing conditions shown in the records and arguments, such as the defendant's age, character and conduct, environment, etc., the sentence imposed by the court below cannot be deemed unfair because it is too unfortunate

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.