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. In light of the fact that the Defendant had a previous conviction of a fine for one time due to drinking driving, but again caused the instant drinking driving and the traffic accident, it is necessary to strictly punish the Defendant.

However, the defendant is in depth divided into his mistake.

No person other than the above-mentioned criminal records shall have any other criminal records.

The defendant's vehicles are covered by the comprehensive automobile insurance.

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.