The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment of eight months, the suspension of the execution of two years, and the order to attend a law-abiding driving lecture 40 hours) is too uneased and unreasonable.

2. The instant crime is an unfavorable condition against the Defendant, in light of the following: (a) the Defendant’s act of committing the instant crime was committed without taking any measures to inflict physical damage on the human body of the Defendant due to driving of alcohol, and the nature of the crime is not less severe; (b) the Defendant’s blood alcohol concentration level is relatively high; and (c) the Defendant was punished for traffic-related crimes.

On the other hand, it is favorable for the defendant to recognize and reflect his mistake, the fact that the defendant agreed with the victims that the victims do not want the punishment, the vehicle of the defendant is covered by the comprehensive automobile insurance, and there is no record of punishment exceeding the fine.

Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem the lower court’s punishment to be too unfortunate and unfair.

Therefore, the prosecutor's above 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.