The prosecutor's appeal is dismissed.

1. The sentence imposed by the court below on the summary of the grounds for appeal (the imprisonment of eight months and the suspension of execution of two years) is too unhued and unfair.

2. The Defendant was punished twice due to drinking (a fine for all) and, in particular, the last punishment was imposed on April 21, 2016, nine months prior to the instant crime, and the Defendant’s blood alcohol concentration at the time of the instant case was very high by 0.204%, and the Defendant’s house at the time of the instant case caused an accident that shocks fluent rice.

However, the fact that the defendant recognizes the crime of this case and reflects it, the defendant has no criminal record of probation or heavier, and the defendant has been punished for a traffic-related crime, two times the drinking driving as mentioned above, and the defendant will not repeat the crime in the future.

In full view of the following circumstances: (a) the fact that there is no special relationship or change of circumstances that may be newly considered in the trial; and (b) the Defendant’s age, environment, sex, motive for committing a crime, and circumstances before and after committing a crime; and (c) the sentencing conditions specified in the records and arguments in the instant case, the sentence of the lower court cannot be deemed as being too uneasible and 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.