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 six months, the suspension of the execution of two years, and the order to attend a law enforcement lecture of 40 hours) is too uneasible and unfair.

2. Although the judgment defendant had been punished several times due to the same crime, the fact that the defendant drives the drinking of this case is disadvantageous to the defendant.

However, when comprehensively considering the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, the fact that the defendant has no record of punishment in excess of the fine for the same kind of crime, and all of the sentencing conditions indicated in the instant case, such as the age, sex, environment, circumstances of the crime, and the circumstances after the crime, the sentence of the court below is too uneasible and unfair.

Therefore, the prosecutor's above assertion is without merit.

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