The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, and the community service time of eight hours) imposed by the court below on the defendant is too uneasible and unfair.

2. That the Defendant was punished five times due to driving under drinking, and that the Defendant was sentenced to imprisonment with prison labor for 2012 and a suspended sentence of 2 years, etc. is disadvantageous to the Defendant.

However, considering the following circumstances: (a) the Defendant led to confession of and reflects the facts of crime; (b) the Defendant has no criminal record other than being punished for traffic crimes; (c) the distance of drinking driving is about 300 meters; and (d) the traffic accident, etc. does not cause any other damage; and (d) the lower court determined the punishment against the Defendant by taking account of the overall circumstances into account; and (e) there are no other circumstances particularly changed in the trial; and (e) other various circumstances, including the Defendant’s age, environment, sex behavior, motive for the commission of the crime; and (e) circumstances before and after the commission of the crime, etc., which are the conditions for sentencing as specified in the instant records and arguments, the lower court’

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