The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (two months of imprisonment, two years of suspended execution, and forty hours of an order to attend a law-abiding lecture) of the lower court is deemed to be too uneasible and unfair;

2. The judgment of the Defendant, even though he had the history of having been punished several times for the same kind of case, is crypted to commit the instant crime and the nature of the crime is heavy.

Since the defendant's blood alcohol concentration is 0.190% high, the defendant's strict punishment is recognized.

However, the defendant recognized the error of the crime of this case and is in profoundly against it, and there is no record of criminal punishment heavier than suspended execution.

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

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