The prosecutor's appeal is dismissed.

1. The sentence (two months of imprisonment, two years of suspended execution, two years of community service, and eight hours of imprisonment) imposed by the court below in light of the summary of the grounds for appeal by the defendant is unreasonable.

2. In full view of the following circumstances: (a) the Defendant had the history of being sentenced to the two suspended sentence, a fine of one time, and a total of three times of criminal punishment for the same crime; (b) the suspended sentence for one time is in 201 and prior to about 12 years; (c) the Defendant reflects the Defendant’s criminal act; (d) the distance of driving without the high drinking level is relatively short; and (e) other conditions attached to the pleadings and the sentencing indicated in the records of this case, including the Defendant’s age, character and conduct, character and environment, the Prosecutor’s assertion is not acceptable since the Defendant’s sentence imposed by the lower court is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.