The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution in six months of imprisonment and forty hours of lecture attendance order for compliance driving) is too uneased and unreasonable.

2. The Defendant did not have been aware of the history of punishment several times due to a traffic-related crime, and again driven a drinking again without being aware of it.

However, the defendant recognized his mistake and reflects his depth, and there was no criminal history exceeding the fine, and the alcohol concentration of the defendant was very high at the time of drinking driving.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too uneasible and deemed unfair, and thus, the 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.