The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (the imprisonment of eight months, the suspension of the execution of two years, and the 40 hours of compliance driving) is too uncomfortable and unfair.

2. In light of the circumstances, such as the fact that the Defendant, while driving a vehicle without a driver’s license under the influence of 0.234% alcohol level in blood, caused physical damage to the vehicle, and the Defendant was punished by a fine on several occasions for the same kind of crime, there is no need to punish the Defendant.

On the other hand, the fact that the defendant led to the confession of the crime and reflects on the crime, the material damage of the above traffic accident seems to have been restored through the insurance processing, there is no penalty record exceeding the fine imposed on the defendant, the defendant scrapped the vehicle driven at the time of the crime of this case, and the fact that the health situation is not good due to the above marrity, etc., are considered as favorable to the defendant

In addition, the lower court did not recognize that the sentence against the Defendant was too unafford, and that there was no special change in the judgment of the Defendant in light of the overall circumstances, and all other circumstances that form the conditions for sentencing as shown in the records and arguments of the instant case, including the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime.

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