The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s punishment (one year of imprisonment, three years of suspended sentence, and community service order) is too uneasy and unreasonable.

2. The crime of this case was committed under the influence of alcohol concentration of 0.102% in blood without a driver's license by the defendant while driving without a driver's license, resulting in the death of the victim. The defendant's wife makes a false statement to the investigation agency that the defendant's wife drives the defendant's wife, not the defendant's wife, and thus, the crime is not good for the crime to be committed. At the time of detection, the defendant's blood alcohol concentration was higher than 0.102%, and the result of the victim's death occurred due to the traffic accident of this case, etc. are disadvantageous to the defendant.

On the other hand, there is no past history of criminal punishment or a fine heavier than that of a fine for the same crime prior to the recognition of the crime of this case and the mistake of the defendant, and there is no history of criminal punishment heavier than that of a fine, and the fact that the crime is likely to result in the crime of aiding and abetting, and that the victim's bereaved family members do not want the punishment by mutual consent with the victim's bereaved family members.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the 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 as it is without merit. It is so decided as per Disposition.