The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the suspension of the execution of imprisonment for six months and the suspension of the execution of two years and forty hours) declared by the court below is deemed to be too uneasible and unfair.

2. Even though the defendant had been already punished three times prior to the crime of this case, in view of the purpose of the revised Road Traffic Act to strengthen the punishment considering the drinking of this case, driving without a license, and the risk of drinking driving and the social harm, etc., the fact that there is a need for strict punishment is an unfavorable sentencing condition against the defendant.

Meanwhile, in full view of the following factors: (a) the Defendant was able to refrain from driving under the influence of alcohol or driving without obtaining a license, and both previous convictions have been punished by a fine as a summary order; and (b) the Defendant’s age, character and conduct, environment, circumstances of the instant crime, and circumstances after committing the instant crime, etc., the lower court’s punishment cannot be deemed to be unreasonable because it is too unreasonable.

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 as it is without merit. It is so decided as per Disposition.