The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and 40 hours of an order to attend a law-abiding lecture) that the court below pronounced is unreasonable.

2. The judgment below seems to have sentenced the above punishment by comprehensively taking into account the circumstances favorable to the defendant (the recognition of the criminal conduct, reflectivity, and the absence of drinking again) and unfavorable circumstances (the records of punishment for driving under the influence of drinking are two times).

The court below's sentencing is appropriate in light of the grounds for various sentencing recognized above and the defendant's ordinary character and behavior, health status, the degree of property, family relation and social relation, the circumstances and results of the crime in this case, the circumstances after the crime, and other circumstances that can be known by records, and it cannot be deemed that the court below abused its discretion or deviates from the limits of discretion.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.