The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (the 2-year suspended sentence for one year of imprisonment, the observation of protection, and the 40-hour course of compliance driving) is too unfluent and unfair.

2. The crime of this case on board is that the defendant driven on an expressway by a tourist bus in the condition of 0.159% alcohol concentration in blood, and constitutes a crime that may pose a dangerous danger for an unspecified number of people to lead their lives.

In addition, even though one defendant had been punished twice due to drinking driving, it is highly criticized in that he/she again reaches the crime of this case.

However, in full view of the following: (a) the Defendant’s mistake when committing the crime was committed; (b) the instant crime did not lead to traffic accidents; (c) the Defendant was found to have driven the drinking immediately while drinking; (d) the Defendant was discovered while driving the drinking immediately after drinking, not immediately driven the drinking; and (e) there are some circumstances to be taken into account in the course of committing the crime; (b) the Defendant did not have any criminal record other than fine; and (c) the sentencing conditions indicated in the records and arguments, such as the Defendant’s age, sex behavior, environment, occupation, and conditions after committing the crime, etc., the lower court’s punishment is too unjustifiable and deemed unfair.

3. 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.