The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended execution, two years of probation, observation of protection, and one hundred and twenty hours of community service in the month of imprisonment) is too unfluent and unfair.

2. Despite the fact that the Defendant had been punished twice, including a suspended sentence of imprisonment due to drinking, the driving of a motor vehicle has been subject to punishment twice, and the driving of a motor vehicle has caused a traffic accident by breaking the central line while driving the motor vehicle in a prolonged state of 0.223% alcohol level during his blood, and the degree of criticism is high in that it causes a large number of victims.

However, in full view of all the sentencing conditions shown in the records and arguments, including the defendant's age, sex, environment, occupation, and circumstances after the crime, the sentence of the court below is too unfasible and unfair, in light of the following: (a) the victims are not subject to the punishment of the defendant by agreement with the victims; (b) the victims are relatively minor; and (c) the vehicle is covered by the comprehensive motor vehicle insurance; and (d) the vehicle is covered by the defendant's age, sex, environment, occupation, and circumstances after the crime.

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