The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (two years of suspended sentence in October and forty hours of order to attend a compliance driving lecture) that the court below sentenced the defendant is too unfasible and unfair.

2. The judgment of the defendant has already been sentenced to the total three times of suspended sentence due to non-licensed driving, drunk driving and refusal of measurement of alcohol, including one suspended sentence, and the blood alcohol concentration in this case is 0.169% high.

However, it is recognized that the defendant recognized the crime of this case and reflects the fact that the defendant shows the intention to prevent recidivism and the opening of the crime of this case, that the defendant has no criminal record, and that there is hard economic situation of the defendant.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

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