The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (two months of imprisonment, two years of suspended execution, and forty hours of attending the law-abiding driving course) is deemed to be too uncomfortable and unfair.

2. The judgment of the defendant has a record of being punished four times due to drunk driving, and in particular, even after being issued a summary order of a fine of KRW 5 million due to drunk driving in 2015, he/she again drives the pertinent drinking without a license, and the fact that the blood alcohol concentration is considerably high to 0.175% is disadvantageous to the defendant.

However, examining the sentencing conditions indicated in the pleadings, such as the fact that the Defendant did not have been punished in excess of a fine, and the distance of driving the vehicle is not 100 meters, and the Defendant’s age, environment, circumstances, and result of the crime, etc., the lower court’s sentencing cannot be deemed unreasonable because it is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.