The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (two years after the suspension of the execution of eight months and forty hours during the lecture of compliance driving) on the gist of the grounds of appeal is unreasonable as it is too unfasible.

2. The Defendant has been punished several times, including a suspended sentence, due to the same kind of crime, such as drinking, non-licensed driving, etc.

However, the defendant has no record of crime since 2010.

In addition, comprehensively taking account of the following circumstances: Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, etc.; and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentencing of the lower court is not unfair.

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.