The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution of ten months, and forty hours of order to attend a course) is too unhued and unreasonable.

2. Although the defendant had been punished for the same kind of crime several times, the fact that the defendant again committed the crime of this case is disadvantageous to the defendant.

However, considering all of the sentencing conditions in the records and theories of this case, such as the Defendant’s age, sex, environment, motive and circumstance after the crime, etc., the sentence imposed by the lower court cannot be deemed unfair, as it is deemed unfair, considering the following: (a) there was no history of punishment for driving under drinking or non-licensed driving after around 201; (b) the blood alcohol concentration level of 0.082% is relatively high; and (c) the Defendant’s age, sex, environment, motive and circumstance of the instant crime; and (d) circumstances after the crime.

Therefore, 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, and it is so decided as per Disposition.