The prosecutor's appeal is dismissed.

1. The sentence imposed by the court below (one year of imprisonment, two years of suspended execution) is too unfased and unfair.

2. In light of the fact that the Defendant’s blood alcohol concentration at the time of the instant case was 0.150% higher, and that the Defendant committed the instant crime even though he had the past record of punishment five times due to drinking, driving without a license (4 times a punishment, one time a suspended sentence), there is a need to punish the Defendant strictly.

However, in order to prevent recidivism of the defendant, the court below added protection observation, community service, compliance driving instruction to the defendant, and the defendant himself/herself to dispose of the vehicle that he/she driven at the time of the instant case, receive alcohol addiction treatment, and will not repeat again in the future.

In full view of the following circumstances: (a) there is no change in the conditions of sentencing compared to the lower court; and (b) where the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015); and (c) other various circumstances, including the Defendant’s age, environment, sex, motive for committing a crime, and circumstances before and after a crime, which are the conditions of sentencing specified in the records and pleadings of this case, are deemed unfair as it is too unfortunate.

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.