The prosecutor's appeal is dismissed.

1. The lower court’s sentence (one year of imprisonment with prison labor for six months and one year of suspended execution, and 40 hours of lecture for compliance driving) against the Defendant based on the gist of the prosecutor’s appeal is deemed unreasonable.

2. The Defendant, without a driver’s license, driven a vehicle under the influence of alcohol after driving and exposing the vehicle without a driver’s license.

The circumstances unfavorable to the defendant are recognized, such as the fact that the defendant committed each of the crimes in this case without being familiar with during the period of suspension of execution, although he was requested to respond to a drinking test due to the circumstances that can be recognized, such a request is rejected, in light of the contents of the crime.

However, it is reasonable to respect the defendant's confession of the crime of this case and reflects his mistake in depth, the crime under the period of the period of the suspension of execution was not identical, the defendant's wife appears to be relatively clear, such as the defendant's wife's desire to leave the defendant's wife, and the Korean Criminal Litigation Act, which adopts the trial-oriented principle and the direct principle, has the unique area of the first deliberation as to the determination of the sentencing, and there is no change in the conditions of the sentencing compared with the first trial and the first trial sentencing does not go beyond the reasonable scope of the discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the defendant, after the court below sentenced the judgment of the court below, do not constitute a change in circumstances that could change the sentence of the court below, and considering the circumstances that constitute the conditions of the sentencing specified in the argument of this case, such as the defendant's age, sexual behavior, environment, etc., the sentence against the defendant is too unfair.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.