The appeal by the prosecutor is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 6 months and 2 years of suspended execution) is deemed to be too uneasible and unfair.

2. The judgment of the defendant has a record of being punished four times (one suspended sentence, three times a fine) due to drunk driving, the fact that the blood alcohol level of the defendant's blood alcohol level at the time of drunk driving is equivalent to 0.17%, and the fact that an accident that conflict with the soil contamination while driving under the influence of alcohol happens is disadvantageous.

However, in full view of all the factors such as Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the suspension of the execution of imprisonment for a limited period of time, the Defendant’s same criminal records were committed before 2007, and the Defendant did not repeat the crime in this case for a long time thereafter, the Defendant committed the crime in this case, and the Defendant’s scrapping of the vehicle operated by the Defendant, and the Defendant committed a collision with the Defendant’s vehicle while driving the vehicle without a license, and the Defendant took measures to rescue the driver after the accident, etc., it is difficult to deem that the lower court’s sentence ordering probation and community service as an incidental disposition is too unjustifiable to the extent that the sentence of the lower court, which ordered probation and community service, would be reversed.

3. The final appeal by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the final appeal by the prosecutor is groundless. It is so decided as per Disposition.