The prosecutor's appeal is dismissed.

1. The sentence of the court below (two years of probation, one hundred and sixty hours of community service order, and forty hours of lecture) to the summary of the grounds for appeal is unreasonable because it is too unfeasible.

2. The instant crime is deemed to run a vehicle under the influence of alcohol level of 0.218%, even though the Defendant was sentenced two times to imprisonment with prison labor due to a drunk driving, and one time to suspend the execution of imprisonment with prison labor due to a refusal to take a drunk test, and the Defendant needs to be punished strictly in light of the background, method, and content of the crime, etc., as asserted by the prosecutor.

However, in full view of all the circumstances such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., including the fact that the Defendant was committed at the time of and against the crime, there was no history of punishment for drinking driving after January 2008, and there was no history of criminal punishment after November 2009, the prosecutor’s assertion is without merit, since the sentence of the lower court is too 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.