The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, the probation, and the order to attend a law-abiding class for forty hours) of the lower court is deemed to be too uncomfortable and unfair; and

2. The judgment of the driving under the influence of alcohol is a serious criminal who is likely to cause not only the possibility of traffic accident but also the life and home of others, and the defendant was sentenced by the Jeonju District Court on April 2, 1998 to a fine of 500,000 won for the violation of the Road Traffic Act at the Jeonju District Court on November 2, 1998, and on March 13, 2002, the above court on December 12, 2006, which was sentenced to a fine of 70,000 won for the violation of the Road Traffic Act (driving) and a fine of 1,50,000 won for the same crime at the above court on October 26, 2015, which was sentenced to a summary order of 1,50,000 won for the same crime, and again commits the crime of this case.

However, in full view of the following facts: (a) the Defendant’s criminal act in this case is divided and reflected; (b) a third party is not injured or material damage is not incurred as a result of the drunk driving; (c) there is no record of crime exceeding the fine as seen earlier; (d) there is no record of criminal punishment after 2016; and (e) the Defendant’s age, character and conduct, environment, and other sentencing conditions, the sentence of the lower court is too unjustifiable and unreasonable.

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