The prosecutor's appeal is dismissed.

1. The sentence of the court below (one year of suspended execution in April and 40 hours of compliance driving) on the summary of the grounds for appeal is deemed to be too uneasible and unfair.

2. As pointed out by the prosecutor, the fact that the Defendant had been subject to a fine one time due to drinking driving in 2017 and one time due to a licenseless driving, and that the blood alcohol concentration was 0.183% higher than that of the Defendant, the lower court appears to have chosen imprisonment by fully taking into account these factors, and that the Defendant had a view to the contrary, and that there was no previous conviction exceeding the fine, and that the Defendant’s age, sexual behavior, environment, family relationship, motive, and circumstances after the crime were considered, the lower court’s punishment cannot be deemed unfair as it is too uneasible.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.