The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the sentence imposed by the court below on the defendant (six months of imprisonment, two years of suspended sentence, one year of observation of protection, and forty hours of instruction of compliance driving) is too uneasible and unfair.

2. Of the judgment blood, the blood alcohol concentration is very high to 0.330%, and the Defendant’s records of punishment twice due to driving under drinking are disadvantageous to the Defendant.

However, in full view of the favorable circumstances such as the Defendant’s recognition of the instant crime, the Defendant’s attitude against himself, the risk of traffic accidents caused by drinking alcohol driving, the risk of traffic accidents caused by a fine exceeding the fine, the fact that there was no record of punishment, and the lower court’s imposition of surveillance and order to attend the course while suspending the execution of imprisonment by fully considering the Defendant’s various circumstances, and there are no other circumstances to deem that the sentencing of the lower court is significantly unfair, the lower court’s imposition of orders to attend the course, such as the Defendant’s age, sex behavior, environment, background and method of the crime, circumstances after the crime, and criminal record relation, etc., the sentence imposed by the lower court cannot be deemed unfair as it is too

Therefore, prosecutor's 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.