The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the court below against the defendant (six months of imprisonment, two years of suspended execution) is too unfluent and unfair.

Judgment

The crime of this case is with a high blood alcohol concentration (0.145%) and is serious (0.145%). However, while the defendant did not have any history of punishment except for the previous convictions several times, the defendant agreed with the victim in the trial, and is in depth divided into the defendant's age, character and behavior, environment, circumstances after the crime, etc., and all the sentencing conditions indicated in the records and arguments of this case, such as the defendant's age, character and behavior, circumstances after the crime, etc., it cannot be said that the sentence of the court below is less severe.

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