The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence for one year of imprisonment, and observation of protection) is too unfased and unreasonable.

2. The judgment is an unfavorable circumstance, such as the fact that the defendant has been punished several times for the same kind of crime (amount of punishment and suspension of execution), and the driving of drinking is highly likely to be punished due to the risk of an accident.

However, the defendant recognized the crime of this case, there is a family member to support, and will not repeat the crime while disposing of the vehicle.

It is advantageous to the fact that the situation is different.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unfeasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, 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.