The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (two years of suspended execution in the period of eight months of imprisonment, 120 hours of community service order, and 40 hours of lecture to comply with the law) is too uneasy and unreasonable.

2. In light of the fact that the accused committed the instant crime even though he/she had been punished several times due to the traffic-related crimes, and that he/she also driven a driver without a license after he/she was controlled by drinking, strict punishment against the accused is required.

However, the defendant recognizes his mistake, reflects his depth, the distance of driving under drinking is relatively short, and support his children and elderly.

In addition, after October 2007, the defendant was sentenced to a punishment exceeding a fine due to the same crime.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too uneasible and deemed unfair, and thus, the Prosecutor’s assertion is without merit.

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.