The prosecutor's appeal is dismissed.

1. The decision of the court below on the summary of the grounds for appeal (two months of imprisonment, two years of suspended execution, and forty hours of attending the law-abiding driving course) is too minor.

2. The judgment of the defendant does not have the ability to obtain a driver's license once but has the history of punishment several times, it seems that the defendant habitually drives without a driver's license. In particular, if the defendant was prosecuted for driving without a driver's license and drinking without a driver's license and then the defendant was under the influence of alcohol due to the state of non-license, it is an element of sentencing disadvantageous to the defendant.

However, since 1989, there is no less punishment heavier than the suspended sentence of imprisonment, and the fact that drinking driving is the first time and does not lead to an accident is an element of sentencing favorable to the defendant.

In addition, when considering the various factors of sentencing prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, it cannot be deemed that the sentence of the court below is too uneasible and unreasonable.

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.