The prosecutor's appeal is dismissed.

1. The sentence of the lower court (one year of imprisonment, two years of suspended execution) is deemed to be too unhued and unreasonable.

2. The lower court determined that the Prosecutor had already been sentenced to punishment by fully taking account of all the circumstances, including the circumstances alleged as the grounds for appeal.

Although the defendant has a record of being punished for the same kind of crime several times, he/she has no record of being sentenced to a fine exceeding the fine.

Defendant recognized the instant crime, and at the time, the Defendant’s blood alcohol concentration is relatively low.

In addition, even if all the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, are re-examineed, the sentence of the court below is too weak.

Therefore, prosecutor's assertion is not accepted.

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.