The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and probation) declared by the lower court is deemed to be too unhued and unreasonable.

2. The crime of this case on board is an unfavorable circumstance to the defendant, for example, that the defendant driven a vehicle while under influence of 0.089% of blood alcohol concentration without a driver's license and that the crime is not good, that the defendant has been punished for six times due to drinking, non-licensed driving, etc. (two times a suspended sentence, two times a suspended sentence, and four times a fine). In particular, the defendant committed the crime of this case during the suspended execution period due to refusal of drinking alcohol measurement or non-licensed driving, and that the defendant does not have to do so due to simple drinking and non-licensed driving, but rather causes a traffic accident.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant all of the crime in this case is recognized and against the defendant, the issue is not serious in light of the blood alcohol concentration and driving distance of the defendant at the time, the fact that the defendant suffers from disease, such as liverment, etc., and the health condition seems to be very poor as the defendant suffers from disease, and the defendant's living would be difficult if the defendant is detained, etc., and the circumstances favorable to the defendant, such as the defendant's age, family relation, criminal records, character and conduct, environment, means and method of the crime, motive and circumstance of the crime, etc., it is not determined that the sentence imposed by the court below is too unreasonable.

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.