The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a sentence of imprisonment for eight months, a suspended sentence of two years, a community service for 80 hours and a compulsory driving instruction for 40 hours) that the court below sentenced the defendant is too uneasible and unreasonable.

2. In light of the fact that the Defendant committed the instant crime again despite the past record of three times or more including a suspended sentence due to drinking driving, and that the drinking volume at the time of committing the crime exceeds 0.214%, there is a high possibility of criticism against the Defendant.

However, in full view of the following circumstances: (a) the fact that the Defendant is recognized as committing a crime, and the Defendant’s punishment for driving drinking is in contravention of the law; (b) there is a time interval between the instant case and the instant case; and (c) the lower court ordered the Defendant to provide community service for 80 hours and to take lectures of compliance for 40 hours while rendering a suspended sentence; and (d) other circumstances that form the conditions for sentencing as shown in the pleadings, such as the Defendant’s age, sex, criminal conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, it is difficult to evaluate the lower court’s sentence as being too unjustifiable and thus unfair.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, 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.