The appeal by the prosecutor is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 8 months and 2 years of suspended execution) is deemed to be too uneasible and unfair.

2. The judgment of the defendant has a record of being punished several times due to drinking driving, in particular, the defendant's criminal facts that he/she driven on March 23, 2014; the defendant was issued a summary order on April 17, 2014; even though several months have not passed since he/she was issued, he/she was driving the instant drinking; and the defendant's blood alcohol concentration at the time of drinking driving was 0.207% higher than the depositee.

However, there are extenuating circumstances, such as the fact that the Defendant is in profoundly against his/her own mistake and that he/she does not commit the same crime again, and that the distance from drinking and driving of alcohol was relatively long. In full view of various sentencing conditions, such as Defendant’s age, character and behavior, environment, motive for crime, means and consequence of crime, etc., the suspension of the execution of imprisonment with prison labor for the Defendant, and the sentence of the lower court ordering probation and community service as an incidental disposition, is too unjustifiable to the extent that the sentence of the lower court ordering probation and community service is reversed.

3. The final appeal by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the final appeal by the prosecutor is groundless. It is so decided as per Disposition.