The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal (one year of imprisonment and two years of suspended execution) of the lower court is too unhued and unreasonable.

2. The judgment on the grounds of appeal is an unfavorable circumstance to the Defendant, even though the Defendant had been punished for the same kind of crime, and the Defendant’s blood alcohol concentration at the time of drunk driving is relatively high.

On the other hand, it is favorable to the defendant that the defendant did not repeat again while reflecting his mistake, that the distance of the defendant's drunk driving is relatively short, that the danger of the crime of this case is not realized, and that there are some circumstances that can be considered in the living environment of the defendant.

In addition, in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and all of the sentencing factors indicated in the instant records and pleadings, such as the circumstances after the crime was committed, the lower court’s sentence is too unjustifiable.

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 ground that it is without merit. It is so decided as per Disposition.