The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (limited to eight months of imprisonment, two years of suspended sentence, 80 hours of community service order, and 40 hours of order to attend a law-abiding driving lecture) is too unhued and unreasonable.

2. The Defendant, in the same case, had been punished several times for the same kind of crime, including suspended execution, but the charge of the instant crime is heavy.

Considering the above criminal records of the defendant, the necessity for the strict punishment of the defendant is recognized.

However, the defendant did not repeat the crime of this case in a profound proportion to the error of the crime of this case.

There is no history of criminal punishment that exceeds the probation, and the blood alcohol level of the instant case is relatively higher than 0.078%, and the driving distance is relatively less than 200 meters.

It is also recognized that the circumstances in which the defendant should support his children who are students are the most.

In addition, comprehensively considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence of the court below cannot be deemed unfair because it is too uneasible.

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