The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended execution, two years of probation, observation of protection, and forty hours of order to attend a compliance driving in the period of four months of imprisonment) is too uneased and unreasonable.

2. Determination is an unfavorable circumstance to the Defendant that the Defendant had been punished three times due to drinking, and that the Defendant was under the influence of driving without a license on March 2016, and that the Defendant was under the influence of driving without a license.

On the other hand, the court below's punishment is too unafford and unfair if it comprehensively takes into account the circumstances favorable to the defendant, such as the defendant's age, sexual conduct, environment, motive for the crime, and circumstances after the crime, such as the fact that the defendant repents and reflects his mistake, the fact that there is no record of punishment exceeding the fine for the same kind of crime, the driving distance is short, etc.

Therefore, the prosecutor's above assertion is without merit.

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