The prosecutor's appeal is dismissed.

1. The lower court’s sentence (the imprisonment of eight months, the suspension of the execution of two years, and the community service order of 120 hours) is too uneased and unreasonable.

2. The judgment of the defendant committed the instant crime even though he/she had been punished several times, including suspended sentence due to the same crime, and the fact that the defendant's blood alcohol concentration is considerably high is disadvantageous to the defendant.

On the other hand, the circumstances favorable to the defendant include the fact that the defendant recognized his mistake and reflected, the distance of the defendant's driving is relatively short, and the defendant has no criminal history since 2012.

Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem the lower court’s punishment to be too unfortunate and unfair.

Therefore, the prosecutor's above 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.