The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal (e.g., imprisonment, 2 years of suspended execution, 2 years of probation, 2 years of alcohol treatment and 80 hours of an order to attend a compliance driving (old: 8 months of imprisonment)) of the lower court is too unreasonable in light of all circumstances, including the following: (i) the blood alcohol content of the Defendant at the time of the instant crime; (ii) the Defendant’s blood alcohol content is significantly higher than 0.13%; and (iii) the Defendant has served as one time of suspended execution as a crime of violation of the Road Traffic Act and four times of fines, even before the instant crime was committed.

2. The instant crime is deemed to have been committed by the Defendant at least 3 km under the influence of alcohol 0.133% of alcohol 0.13%. Considering the fact that the Defendant had already been sentenced to suspended execution one time due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the violation of the Road Traffic Act, the violation of the Road Traffic Act, the violation of the Road Traffic Act, and the violation of the Road Traffic Act (unlicensed Driving), and the punishment for eight times of fines, it is necessary to punish the Defendant who committed the same crime with strict and repeated punishment.

However, in full view of all the circumstances, including the defendant's age, character and conduct, motive and circumstance leading to the crime of this case, and the situation after the crime of this case, the defendant scraped the above beer or car in order to prevent recidivism after the crime of this case, the defendant scrapped the above beer or car in order to prevent recidivism, and the defendant was sentenced to a suspended sentence on November 15, 2007 and July 2008 as a crime of violation of the Road Traffic Act (unlicensed Driving) around the same kind of crime, as well as the one sentenced to a suspended sentence on July 2008, the criminal records leading to the crime of this case are not subject to a suspended sentence and thus the effect of the suspended sentence is expected to be expected to be sentenced to a suspended sentence with probation, etc., and other circumstances that form the condition of the sentencing of this case as shown in the records, such as the defendant's age, character and behavior, environment, motive and circumstance leading to the crime

3. Thus, the prosecutor's appeal is without merit.