The prosecutor's appeal is dismissed.

1. The sentencing of the court below (two months of imprisonment and two years of suspended execution) is too unfased and unreasonable.

2. Determination

A. In light of the fact that the defendant's blood alcohol concentration is high and that the same previous department is several times, it is necessary to punish the defendant strictly.

B. Meanwhile, there are extenuating circumstances, including the fact that the Defendant was not sentenced to imprisonment and led to the confession and reflect of the instant crime.

In addition, considering all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, character and conduct, family relationship, living environment, details and result, etc., the sentence of the lower court is adequate.

3. The appeal by the prosecutor of the conclusion 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.