The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (two years of imprisonment with prison labor for six months, probation, and community service for one hundred and sixty hours) declared by the court below is too unhued and unreasonable.

2. The instant crime committed is that the Defendant driven a cargo vehicle under the influence of alcohol concentration of 0.063% without a driver’s license, while driving the vehicle without a license, and re-driving after the lapse of the fluence, and the overall series of such series of criminal acts do not seem to be against the punishment of unlawful act in health.

In addition, even though the Defendant had been subject to punishment two times of suspended execution and six times of a fine due to the same crime, it is difficult to view that the risk of recidivism is low again by repeating the instant crime.

In addition, considering the fact that the defendant was punished as a suspended sentence on January 4, 2007 for the same crime and committed the same crime on November 12, 2007, but was sentenced to a fine, and again committed the same crime on January 29, 2010, the defendant was sentenced to a suspended sentence, but he was sentenced to a repeated punishment on January 29, 201, and the defendant seems to have repeated the crime without a license even though he had not acquired a driver's license so far, it is necessary to punish the defendant strictly.

However, the defendant is showing the attitude from the investigative agency to see all the crimes of this case and to repent his mistake.

Moreover, the defendant's blood alcohol concentration at the time of driving under the influence of alcohol of this case is not significantly high.

In addition, taking into account the following circumstances: (a) the Defendant’s mother of age, (b) the Republic of Korea’s identification of Vietnam’s nationality and the primary school students, and (c) the fact that there was no record of punishment for other crimes except for those committed by the same kind of crime so far; and (b) the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime; and (c) the circumstances after the crime, etc., the sentence determined by the lower court is too uneasible.