The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal that the court below sentenced the defendant (six months of imprisonment) is too unhued and unfair.

2. The judgment of the Defendant has already been sentenced to a fine due to drinking driving, and the Defendant was sentenced to a suspended sentence of two years for one year from the Seoggu District Court Branch Branch on September 13, 2018 to imprisonment with prison labor for drinking driving and without obtaining a license, etc. on September 13, 2018. It is recognized that the Defendant committed the instant crime before the mold, and that the blood alcohol concentration of the instant case was higher than 0.159%.

However, it is recognized that the Defendant recognized the instant crime and reflects the Defendant, there is a family member to support the Defendant, and there is no criminal record exceeding the fine, and the instant crime is also recognized as having to consider the case and equity with respect to the crime for which a two-year sentence of suspended execution was finalized on September 21, 2019 and the latter concurrent crimes under the latter part of Article 37 of the Criminal Act.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.