2. In full view of all the sentencing conditions, including the Defendant’s age, sex behavior, motive, frequency of the crime, method of the crime, circumstances after the crime, etc., the lower court’s punishment is too unreasonable and it cannot be deemed unfair, taking into account the following circumstances: (a) the Defendant led to the crime; (b) the Defendant did not have any record of excess of fine due to the same kind of crime; (c) the fact that there was two times of punishment due to drinking driving; (d) the Defendant was discovered by drinking, driving without a license; and (e) the fact that another person was making a statement as if he was driving after the detection of the crime; and (e) the fact that the Defendant was driving without a license after the detection of the crime.

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.