The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, 80 hours of community service order, and 40 hours of order to attend a lecture) declared by the court below is too uneasible and unreasonable.

2. The crime of this case is that the defendant drives a vehicle without a driver's license while under the influence of alcohol of 0.221%, and in light of the driving level of alcohol, etc., the crime is very serious, and the current Road Traffic Act provides that the person who has violated the prohibition provision of drinking driving at least twice in order to prevent the drunk driving that threatens the safety of road traffic and to ensure the awareness of such a light, shall be punished more strictly, and the defendant is subject to criminal punishment for five times (4 times of fine and one time of suspended execution) due to drinking driving even before the crime of this case is committed, which is disadvantageous to the defendant.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant fully recognized the crime of this case and reflects the depth of the crime of this case, the traffic accident occurred due to the crime of this case, the fact that there was no record of criminal punishment exceeding the fine for the last 15 years, there was no family member to support, etc., and all of the sentencing conditions specified in the arguments of this case, including the defendant's age, family relation, criminal record, criminal records, character and conduct, environment, means and method of the crime, motive and circumstance of the crime of this case, etc., it is not determined that the punishment imposed by the court below

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