The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and forty hours of an order to attend a law-abiding lecture) is too unhued and unreasonable;

2. In light of the fact that the Defendant was in a considerable state of drinking alcohol concentration of 0.13% at the time of the instant crime, the distance of driving reaches five kilometers, and the Defendant has been subject to criminal punishment due to the violation of the Road Traffic Act so far three times or more, it cannot be denied the need for the Defendant to strictly punish the Defendant, but the Defendant has not been sufficiently divided the Defendant from the investigative agency to the trial, and there is no history of criminal punishment exceeding the fine due to the violation of the Road Traffic Act (driving). In full view of the Defendant’s age, character, character, environment, and other sentencing conditions, the lower court’s punishment cannot be deemed as unjust.

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.