The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal (ten months of imprisonment and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. The judgment is disadvantageous to the defendant, such as the following: (a) the defendant was sentenced four times to a fine due to drinking alcohol, traffic accidents, etc.; (b) the defendant was sentenced one time to a suspended sentence of imprisonment; and (c) the last previous conviction was punished for drinking alcohol and unlicensed driving; (d) the defendant's blood alcohol concentration is very high.

On the other hand, the fact that the defendant recognized the crime of this case and reflected, and that the defendant was sentenced to the suspension of the execution of imprisonment due to drinking driving, etc., a considerable period of time has elapsed since around 200 and there is no record of penalty exceeding the fine thereafter.

In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, as well as various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment is deemed too unjustifiable, and thus, the Prosecutor’s assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.