The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (the imprisonment of eight months, the suspension of the execution of two years, and the order to attend a compliance driving 40 hours) is too uneasy and unfair.

Judgment

The defendant has been punished for a fine of 2 million won in 2012 due to drinking driving and a fine of 4 million won in 2016.

Although the above power was generated, the crime is hot in that the defendant was engaged in the driving of the instant drinking or non-license without permission under the influence of 0.193% alcohol level in blood.

However, the defendant does not commit a second offense against his mistake.

The vehicle driven by the defendant was returned to the lease company.

In full view of all the sentencing conditions, such as the Defendant’s age, sex, environment, and circumstances after the crime, the lower court’s punishment is too uneasible and unreasonable.

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