The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (ten months of imprisonment, two years of suspended sentence, two years of probation observation, 40 hours of attending a law-abiding driving lecture, 80 hours of community service order) is too uneasy and unfair.

2. As the Defendant, even though he had a history of criminal punishment for the same crime several times, committed the instant crime without being subject to criminal punishment, it is necessary to punish the Defendant with severe punishment.

However, in full view of all the sentencing conditions, including the Defendant’s age, sex, environment, motive, means and consequence, etc., when committing the instant crime, the sentence of the lower court is too unfeasible and unfair, inasmuch as the sentence of the lower court is too unfasible.

3. In conclusion, the prosecutor’s appeal is without merit and thus dismissed under Article 364(4) of the Criminal Procedure Act. Since it is evident that the provision on reduction and ground for the application column of the law in the judgment below was omitted by mistake, the application column of the above law ex officio under Article 25 of the Regulation on Criminal Procedure is added to the third column for the application of the above law.