The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment for 10 months, the suspension of execution for 2 years, the community service order of 160 hours and the order of compliance driving for 40 hours) is too uneased and unreasonable;

2. In light of the blood alcohol content (0.149%) at the time of the crime, etc., the Defendant committed the instant crime, even though the Defendant was sentenced to suspended execution on five occasions due to the same criminal act, is disadvantageous to the Defendant.

However, in full view of the following: (a) the Defendant’s mistake is divided and reflected; (b) the Defendant’s health condition is not good; and (c) the Defendant’s age, environment, occupation, family relationship, motive for committing an offense; and (d) all the sentencing conditions specified in the instant records and arguments, such as the circumstances after committing an offense, the lower court’s punishment against the Defendant is too uneasible and unreasonable.

3. Therefore, 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.