The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because it is too unhued so far as the sentence imposed by the lower court (two months of imprisonment, two years of suspended execution, and forty hours of attending the law-abiding driving lecture and alcohol treatment lectures) is too unhued.

2. The Defendant had the record of punishment for five times due to drinking or unlicensed driving, and, in particular, even if he was punished for drunk driving in 2010 and 2011, re-infusing alcohol, driving without a license, and shocking other vehicles.

At the time, blood alcohol concentration was 0.159% higher.

However, there is no history of criminal punishment heavier than suspended execution, and the defendant disposes of the vehicle and does not repeat the crime of this case in depth.

In full view of the fact that the social ties of the defendant seems relatively clear, and all the sentencing conditions in the records and pleadings, such as the defendant's age, character and conduct, environment, etc., the sentence imposed by the court below cannot be deemed as unfair because it is too unfasible.

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.