The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (the two-year suspension of the execution of imprisonment with prison labor for one year, and the forty-hour suspension of driving lectures) on the gist of the grounds of appeal is deemed unreasonable.

2. In addition, considering the fact that the defendant was sentenced to a fine on several occasions due to the same kind of crime and a suspended sentence of execution, and the defendant committed the crime of drinking and non-licensed driving in this case even though the judgment of the court below became final and conclusive, and that the amount of alcohol content in blood is considerably high by 0.114% at the time of the crime, strict punishment against the defendant is required.

However, it is necessary to consider equity in the case of concurrent crimes between the crime of violation of Road Traffic Act (driving of alcohol) and the crime of violation of Road Traffic Act (driving of alcohol) which became final and conclusive in the judgment of the court below and the crime of this case. It is necessary to consider equity in the case of concurrent crimes under Article 37 of the Criminal Act at the same time. The vehicle of this case which operated the vehicle of this case is scrapped and again

In full view of the fact that the sentencing of the lower court is too uneasible and unfair, in light of the following: (a) the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence thereof; and (b) the circumstances after the crime were committed; and (c) the sentencing of the lower court is deemed unfair.

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.