The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of suspended sentence of imprisonment for eight months, and one hundred and sixty hours of community service) is deemed to be too uneasy and unfair.

2. The defendant, even though he had a previous record of a three-time drinking driving and a fine for a non-licensed driving, once again conducted a drinking without a license, and again refused to measure the drinking, which is disadvantageous to the defendant.

However, in this case where there is no change in the sentencing conditions to be particularly considered in the appellate trial, the defendant would not repeat the crime in violation of the depth after the crime.

In full view of the following circumstances: (a) the Defendant’s age, sexual conduct, environment, health status, family relationship, motive, means, and consequence of a crime; and (b) the sentence imposed by the lower court is too unfeasible to the extent of sentencing discretion; and (c) it is difficult to view that the sentence imposed by the Defendant is unfair as it goes beyond the scope of sentencing discretion.

Therefore, the prosecutor's improper argument of sentencing is not accepted.

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.