The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal (one year of imprisonment and two years of suspended execution) of the lower court is too unhued and unreasonable.

2. The judgment under the influence of alcohol is a very dangerous crime that is likely to cause not only the occurrence of a traffic accident but also the life and home of others, and thus requires strict punishment. The defendant's summary order of KRW 1 million as a crime of violation of the Road Traffic Act (driving on December 19, 2008), and the same court on May 27, 2013 issued a summary order of KRW 4 million for the same crime at the same court on May 27, 201.

However, as the Defendant divided and reflected his criminal act, and the Defendant was parked in the entrance of the accommodation facility where drinking was performed, making it impossible to pass the vehicle due to the vehicle parked in the entrance of the accommodation facility where drinking was done, the circumstances leading to each of the crimes of this case have been considered, and there are circumstances to consider the circumstances leading to the crime of this case; the Defendant operated the vehicle in the state of drinking without the driver’s license only about three meters, and the Defendant has no record of criminal punishment exceeding the fine, etc. are favorable to the Defendant.

In addition, in full view of the defendant's age, character and conduct, environment and other sentencing conditions, the sentence of the court below cannot be deemed to be too uneasible and unfair.

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.