2. As to the grounds for appeal, the Defendant committed a second offense despite having been sentenced to punishment for the crime of drunk driving, and in particular, the Defendant committed the instant crime during the period of suspended sentence after having been sentenced to a suspended sentence for the crime of drunk driving, is disadvantageous to the Defendant.

On the other hand, the fact that the defendant does not repeat again while he reflects his mistake, the distance from drinking and unlicensed driving is relatively short, and the blood alcohol concentration of the defendant at the time is relatively low, the danger caused by drinking driving is not realized, and some of the circumstances that can be considered in the living environment of the defendant are favorable to the defendant.

In addition, in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and all of the sentencing factors indicated in the instant records and pleadings, such as the circumstances after the crime was committed, the lower court’s sentence is too unjustifiable.

Therefore, prosecutor's 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 ground that it is without merit. It is so decided as per Disposition.