The prosecutor's appeal is dismissed.

1. The lower court’s sentence (two years of suspended sentence for eight months of imprisonment, forty hours of community service, and forty hours of instruction of compliance driving) on the summary of the grounds of appeal is deemed unreasonable because it is too unfasible.

2. Although the Defendant had been prior to the three-time driving of drinking and the two-time driving without a license, the Defendant again committed the instant drinking and non-licensed driving, and thus, there is a high need for strict punishment against the Defendant.

However, the defendant divided his mistake, and again does not stop driving of drinking or driving without a license.

In light of the following facts: (a) there is no particular criminal history other than the above traffic-related criminal records; (b) there is no other criminal history other than the above traffic-related criminal records against the Defendant; (c) the two-time drinking driving and the one-time non-licensed driving prior to 2009; (d) the court below ordered the Defendant to provide community service and attend lectures together with the suspension of the execution of imprisonment; and (e) other various sentencing conditions specified in the instant pleadings, such as the Defendant’s age, sex and behavior, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., it is deemed unfair for the court below’s punishment to be too uneasible and unfair

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