The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal that the court below sentenced (one year of imprisonment, two years of suspended execution, two years of course and community service order, two million won of fine) is too uneased and unreasonable.

2. Determination is recognized that the Defendant’s blood alcohol concentration at the time of driving under the influence of alcohol on May 11, 2019 is 0.125% and is considerably high, even though the Defendant was under control and the summary order was requested for revocation of his/her driver’s license on September 18, 2019.

However, prior to the instant case, even if examining the Defendant’s age, character and conduct, environment, motive and circumstance of a crime, means and consequence of a crime, etc., the sentencing of the lower court is too unfeasible and is deemed to have exceeded the reasonable scope of discretion, even if examining various sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive and circumstance of a crime, means and consequence, etc., after the sentence of the lower judgment was rendered, and there is no special change in circumstances that could change the sentence of the lower court.

3. According to the conclusion, the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that it is not reasonable, but the court below’s application of Article 53 and Article 55(1)3 of the Criminal Procedure Act on discretionary mitigation of 1. Article 53, Article 55(1)3 and Article 55(1)6 of the Criminal Procedure Act on discretionary mitigation of 1. Inasmuch as it is obvious that it is a clerical error, it is corrected pursuant to Article 25 of the Regulation on Criminal Procedure