The prosecutor's appeal is dismissed.

1. The lower court’s sentence (two months of imprisonment, two years of suspended execution, two years of order of education: 40 hours of each of the order of compliance driving and alcohol treatment, and 120 hours of community service order) against the Defendant based on the gist of the prosecutor’s appeal is unreasonable because it is too unfasible.

2. The crime of this case is found to be disadvantageous to the defendant, on the ground that the defendant driven a car without a license under the influence of alcohol on one month in which he was punished for driving under the influence of alcohol, and the criminal liability is heavy in light of the substance of the crime, and the defendant's blood alcohol concentration level was high at the time.

However, it is reasonable to respect the determination of sentencing in our Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, where there exists no change in the conditions of sentencing compared to the first instance court, and the sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the above recognized defendant do not constitute a special change in circumstances that could change the sentence of the lower court after the sentence of the lower court was sentenced, and it does not seem unfair because the sentence of the lower court is too unscheduled, considering the following circumstances, such as the Defendant’s age, sexual behavior, environment, etc.

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.