The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one year of imprisonment, two years of suspended sentence, fine 300,000 won, community service, 160 hours, and 40 hours of order to attend a compliance driving course) is too unfluent.

2. In the judgment of the court, the following facts are poor: (a) the defendant driving a motor vehicle or a motorcycle without obtaining a license, refusing a police's request for a measurement of alcohol level; and (b) the defendant's history of punishment for the violation of the Road Traffic Act up to eight times (including suspension of execution twice) is disadvantageous to the defendant.

On the other hand, the defendant seems to have been injured by the accident that occurred while driving a motorcycle, and the fact that the defendant did not have any record of criminal punishment due to a sentence, is favorable to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s aforementioned assertion is without merit.

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