The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (one year and six months of imprisonment, three years of suspended execution, three years of probation, community service, 160 hours of imprisonment) of the lower court is deemed to be too uneasy and unfair;

2. Determination is that the blood alcohol concentration in the instant case is very high, that the Defendant was punished six times due to drinking driving or refusing to measure drinking, and that the Defendant has a record of having been sentenced to a suspended sentence of imprisonment for two times, etc., and is disadvantageous to the Defendant.

On the other hand, it is more favorable to the fact that the defendant recognized the crime of this case and reflects it, it is difficult to see that the degree of injury of the victims is very serious, it is agreed with the victims, and that the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) applies to the drinking driving, and that the five times of the defendant's drinking driving prior to five years or more, and the last five years prior to the suspension of the execution.

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.