The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (e.g., imprisonment for a term of one year, two years of suspended sentence, fines of 300,000 won, community service hours, 80 hours of compliance operations, and 40 hours of compliance operations) imposed by the court below is too uneasible.

Judgment

Each of the crimes of this case is driving a motorcycle that the defendant does not have a mandatory insurance without obtaining a driver's license. At the time of the crime of this case, the blood alcohol concentration of the defendant was very high at the time of the crime of this case and thus it was likely to lead to an accident. The revised Road Traffic Act has strengthened criminal punishment by raising the statutory penalty for the serious crime that causes danger to the life and body of himself/herself and others. However, even though there are many criminal convictions of the same kind including the sentence of imprisonment, there is a need to strictly punish the defendant by committing the crime of this case.

However, in full view of all the circumstances that form the conditions for the sentencing of this case as shown in the records, including the Defendant’s age, character and environment, motive and circumstance leading to the instant crime, and circumstance before and after the instant crime, the lower court’s punishment is too unjustifiable, and the Defendant’s criminal act did not lead to traffic accident, the Defendant appears to have been faced with his mistake and punishment. The Defendant’s economic condition is not good, and the Defendant’s opportunity to improve his drinking habits through community service and compliance driving instruction is necessary only once. In addition, considering all the circumstances that form the conditions for the sentencing of this case as indicated in the records such as the Defendant’s age, character and behavior, environment, motive and circumstance leading to the instant crime, and conditions before and after the instant crime, the Prosecutor’s assertion is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit.