The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and 40 hours of an order to attend a law-abiding lecture) of the lower court is deemed to be too uneasible and unfair;

2. The judgment of the driving under the influence of alcohol is a very dangerous crime that may cause unexpected behaviors to the life and home of others as well as to itself by raising the possibility of traffic accidents, and is in need of strict punishment, and the defendant is punished by a fine of KRW 500,000 on February 10, 200, from the Southern District Court of the Jeonju to the Southern District Court of the Jeonju on February 10, 200, from the Jeonju District on October 25, 2016 to the violation of the Road Traffic Act (driving) at the Jeonju District Court of the Jeonju on October 25, 2016, and the fine of KRW 3 million on November 6, 2018 to the same court as of November 6, 2018 and the violation of the Road Traffic Act (driving without a license) are disadvantageous to the defendant.

However, in full view of the following facts: (a) the Defendant’s criminal act is divided and reflected; (b) the Defendant’s running distance of a motor vehicle under the state of his driving without a driver’s license is about 200 meters; (c) the Defendant’s blood alcohol concentration at the time of the instant crime is relatively lower than 0.034%; (d) the Defendant’s sale of the vehicle used for the instant crime on February 19, 2020; (b) the Defendant has no record of being punished beyond a fine; and (c) the Defendant’s age, character and conduct, environment, and other sentencing conditions, the lower court’s punishment cannot be deemed unfair because the Defendant’s punishment is too unreasonable.

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.

However, pursuant to Article 25(1) of the Regulations on Criminal Procedure, “Article 148-2(1), Article 44(1), Article 152 subparag. 1, and Article 43 of the Road Traffic Act” of “the column of application of the Act and subordinate statutes” of the second sentence of the judgment of the court below shall be as follows: “Article 148-2(1), Article 44(1) of the Road Traffic Act (the point of sound driving), Article 152 subparag. 1, and Article 43 of the Road Traffic Act.”