The prosecutor's appeal is dismissed.

1. The sentence of the court below (a three-year period of probation, probation, and a 80-hour community service order in August) to the summary of the grounds for appeal is too unfasible and unreasonable.

2. In light of the fact that the Defendant has been punished five times for the same kind of crime in the past, and, in particular, repeated driving and unauthorized driving of the instant case during the period of suspension of the execution of the same crime (However, the period of suspension of the execution is limited) and the Defendant’s blood alcohol concentration level is high to 0.144%, the Defendant’s criminal liability is not less than that of the instant crime, but the Defendant plans to prevent recidivism, such as the confession and depth of the instant crime, disposal of the vehicle driven after the instant crime, and counseling for alcohol addiction treatment. The instant crime was committed as simple drinking and unauthorized driving, and did not cause an accident or damage to others. Considering all the above circumstances, the lower court’s determination of the period of suspension of the execution of imprisonment as to the Defendant’s age, character and behavior, intelligence, environment, motive and circumstance of the instant crime, etc., the Prosecutor’s assertion that the sentencing of the instant case is too unfair, and thus, is unreasonable.

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.