The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (one year of imprisonment and three years of suspended execution) is deemed to be too unhued and unfair.

2. In light of the fact that the blood alcohol content at the time of the Defendant’s driving, which is very high to 0.169%, and that the Defendant was sentenced to a suspended sentence due to driving without a license and driving without a license, it may be deemed that the sentencing of the lower court is somewhat unfavorable. However, the lower court’s sentencing may be deemed that: (a) considering the fact that the Defendant’s erroneousness is seriously reflected and the previous conviction for driving without a license is about five years; (b) the Defendant’s driving distance is not long and the traffic volume is low; (c) the Defendant’s wife’s health status is not good; and (d) examining the sentencing conditions indicated in the pleadings, such as the Defendant’s age, environment, background and consequence of the crime; and (e) other conditions after the crime, it is difficult to deem that the Defendant’s imprisonment with prison labor for one year, but the period of suspended sentence is three years, and probation is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.