The prosecutor's appeal is dismissed.

1. The sentence of the court below (one year of imprisonment, three years of probation, three years of probation, probation, and community service order 240 hours) is too uneasy and unreasonable in light of the fact that the accused’s intent of the grounds for appeal is against his own mistake.

2. The lower court rendered a comprehensive judgment, based on the circumstances favorable to the Defendant, including the fact that the Defendant was sentenced to imprisonment for 8 months due to the Defendant’s violation of the Road Traffic Act on November 4, 1997, and the Defendant continued to commit the same crime even after he was sentenced to 2 years of suspension of execution in August 1, 2009 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Dangerous Driving) in the Goyang Branch of the Government District Court on June 1, 2009, even though the Defendant was sentenced to 2 years of suspension of execution in August, 2009, the Defendant committed the instant crime, including the fact that the Defendant’s blood alcohol concentration reaches 0.253% of the victims and the Defendant’s wife’s health condition led to a serious danger that may lead to the Defendant’s illness, and the Defendant’s age, character and behavior, family relationship, and all other circumstances after committing the crime.

In full view of all the elements of the sentencing factors and the sentencing considering the lower court, it cannot be deemed that the above sentence of the lower court is unreasonable compared to the degree of the Defendant’s responsibility for action.

The prosecutor's above assertion is without merit.

3. In conclusion, 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.