The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment with prison labor for four months) is too unhutiled and unfair.

2. The fact that there is a total of six times of punishment, including one sentence due to a refusal of judgment of drinking alcohol measurement or a driving under drinking, is disadvantageous.

On the other hand, there are favorable circumstances, such as the fact that the defendant recognized the crime of this case and reflected, that blood alcohol concentration is very high to 0.079%, and that there is no record of being punished for the same kind of crime before the date of this case after being sentenced to a summary order of KRW 1 million due to drinking driving around 2009.

In light of the above various circumstances, comprehensively taking into account the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment cannot be deemed to be excessively light beyond the reasonable limit of discretion.

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