The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment for not less than eight months and two years of probation, probation, community service order 80 hours, and 40 hours of an order to attend a compliance driving lecture) of the lower court is too uneasible and unreasonable.

2. The Defendant had a record of punishment several times for the same kind of case, and the driving of a driver's license for drinking or non-license for drinking while being tried after the control of drinking or non-license for the same kind of case, and the nature of the crime is hot.

The defendant's blood alcohol concentration was higher than 0.287%, and the necessity for strict punishment is recognized because the defendant's blood alcohol concentration was reduced to 0.287%, and the driver's license for drunk driving was reduced.

However, the defendant did not repeat the crime of this case in a profound proportion to the error of the crime of this case.

The distance of each driving of the instant case is relatively long, and there is also a circumstance in which the Defendant shall support his family.

In addition, comprehensively considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence of the court below cannot be deemed unfair because it is too uneasible.

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.