The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant had the history of criminal punishment five times due to the crime of violating the Road Traffic Act by driving without a license, which is identical to the instant case. On January 2017, the Defendant had been under the influence of criminal punishment for the crime of violating the Road Traffic Act due to driving without a license. In light of each of the instant crimes, in light of the aforementioned facts, it seems that there is no opening and the risk of recidivism is high, and that there is a need to block drunk driving through severe punishment for driving without a license, it is unfair for the lower court to impose imprisonment on the Defendant for six months and suspension of execution, two years of imprisonment, 120 hours of social service, and 40 hours of compliance driving.

2. In light of the above circumstances asserted by the prosecutor as the grounds for sentencing unfavorable to the trial in the court below, it appears that the court below has already determined the punishment in light of sufficient consideration. In addition, the defendant's mistake in the time of committing each of the crimes of this case, and the defendant's attempt not to repeat again, and there is no record of criminal punishment exceeding the fine due to the same kind of crime, and there is a circumstance that can be considered in light of the circumstances of each of the crimes of this case when the defendant, who is the beneficiary of housing benefits under the National Basic Living Security Act, was found as a person with a disability of grade 3 with a delay disability, as a person with a disability of grade 3, is likely to lead to the occurrence of each of the crimes of this case, and there are all the conditions of punishment as shown in the records and arguments of this case, it cannot be recognized that the court below's sentencing is too unffor

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