The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, community service 40 hours, and the lectures of compliance driving 40 hours) declared by the court below is too uneased and unreasonable.

2. The Defendant committed the instant crime even though he/she had a history of criminal punishment on several occasions due to drinking and driving without a license.

At the time of the instant crime, the Defendant’s blood alcohol concentration is considerably high to 0.177%.

The crime without accusation in this case is a crime that harms the criminal justice function of the State and causes the risk of illegal criminal punishment to the victim. It is not good that the crime is committed.

However, the defendant has not committed a second offense in depth while committing a crime.

In the instant case, E was not subject to criminal punishment, but agreed with E.

After the divorce, the defendant lives difficult to support one child and one parent, and is working in the company manufacturing the livestock machinery in good faith.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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