The prosecutor's appeal is dismissed.

1. The lower court’s sentence (six months of imprisonment, two years of suspended sentence, 40 hours of lecture in compliance driving, and 40 hours of alcohol treatment) on the gist of the grounds of appeal is too unfasible and unreasonable.

2. Determination is that the Defendant was sentenced to a fine on one occasion in 2015 and 2016 on one occasion due to drinking, and the Defendant’s blood alcohol concentration at the time of the instant case was 0.182% disadvantageous to the Defendant.

On the other hand, the fact that the defendant reflects the crime, and that there is no record of punishment exceeding the fine.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.