The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended sentence, and 40 hours of probation and compliance driving) that the court below sentenced the defendant is too uneasible and unfair.

2. The judgment of the court below is not guilty in that the defendant committed the crime of this case under the influence of alcohol of 0.195% on May 2, 2008 due to the crime of violation of the Road Traffic Act (driving). The defendant was sentenced to a fine of 1.5 million won on September 14, 2010, a fine of 3 million won on September 14, 2010, and two years of probation was sentenced on February 15, 201, and he committed the crime of this case under the influence of alcohol of 0.195% on February 15, 201, but it is found that the crime of this case was not good, but the crime was committed under the influence of alcohol of the police, and the distance of the defendant's driving was about 3 km and that the defendant did not cause a traffic accident, and the defendant did not have any criminal conviction heavier than that of the above probation, the defendant's age, environment, character and behavior, the circumstances and motive leading to the crime of this case, etc.

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