The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the sentence imposed on the defendant (two years of suspended sentence for crimes No. 1 as indicated in the judgment of the court below, 80 hours for community service, 40 hours for compliance driving, and 7 million won for crimes No. 2 as indicated in the judgment of the court below) is too uneasable and unfair.

2. Determination is that the Defendant had a record of being punished by a fine of KRW 1.5 million in 2010, a fine of KRW 3 million in 2012 due to driving under drinking, and that the Defendant was sentenced to a two-year suspended sentence on May 26, 2016 due to interference with the performance of official duties and was sentenced to a two-year suspended sentence on June 3, 2016, and the judgment was determined on June 3, 2016, and committed a crime of drinking or non-licensed driving under Article 2 of the judgment that was held without being aware of the fact that it was still under suspended sentence

However, the defendant's confession and reflects the criminal facts, the alcohol level at the time of each of the crimes of this case is not high 0.067%,0.053%, and all of the two cases are not controlled by traffic accidents. In the case of the crime of drinking and non-licensed driving under Article 2 of the judgment, the defendant was driving at the time of the final drinking not only after drinking but also at least 15 hours after drinking at the time of the final drinking, but also driving at the time of the final drinking less than less than 15 hours. There are circumstances that may be some considerations in the crime of this case; efforts are made to prevent recidivism, such as requesting the consignment sale on the used cars to dispose of the vehicle after the crime of this case; there is no punishment exceeding a fine; the crime of this case No. 1 of the judgment of the court below is related to the crime of interference with official duties for which judgment became final and the crime of this case should be judged simultaneously, and the defendant's motive to punish the crime of this case before and after the suspension of execution, and the defendant's oral execution.