The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s sentence (two years of suspended sentence for eight months of imprisonment, and forty hours of lectures for compliance driving) is too uneasible and unfair.

2. Determination is based on the very high level of alcohol concentration among the blood of this case, and the defendant has a criminal record of driving the same kind of alcohol once.

However, there is no record that the defendant reflects his mistake and has been punished for more than a fine.

The agreement was reached with the victim of traffic accident.

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.