A defendant shall be punished by imprisonment for not more than ten months.

2. We examine both the judgment and the prosecutor’s allegation of unreasonable sentencing.

The fact that the defendant's mistake is divided, and the blood alcohol concentration of this case is relatively high, and the fact that the motor vehicle was disposed of after the crime of this case is favorable to the defendant.

However, on May 12, 2006, the defendant was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act (driving without a license) on August 15, 2008, a fine of 1 million won for a violation of the Road Traffic Act (driving without a license) on February 4, 2009, a fine of 3 million won for a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (FF) on July 1, 201, and 2 years of a suspended sentence of 6 months for a violation of the Road Traffic Act (FFF) and 3 million won for a violation of the Road Traffic Act (FFF) on November 11, 201, and sentenced to a fine of 1.6 million won for a violation of the Road Traffic Act (FFF) on April 12, 201 and 3 million won for a violation of the Road Traffic Act (FFFFFFFFF without a license).

As above, the Defendant had been punished several times, including repeating drinking and unlicensed driving. On October 9, 2017, the Defendant again committed the instant crime on June 20, 2018, which is approximately five months, despite having been sentenced to a fine on January 10, 2018.

In full view of these circumstances, the sentence of the court below is deemed to be too uneasy and unfair, considering the following factors such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.

Therefore, the prosecutor's argument is justified and the defendant's argument is without merit.

3. In conclusion, the prosecutor's appeal is reasonable, and Article 364 of the Criminal Procedure Act is reasonable.