The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, one hundred and twenty hours of community service work, and forty hours of attending the compliance driving course) is too unhued and unreasonable;

2. The judgment on the grounds of appeal is that the defendant repeated the crime even though he had the record of punishment for drinking driving, and that the defendant's distance from drinking and driving without a license is considerable is disadvantageous to the defendant.

On the other hand, the fact that the defendant does not repeat again while he reflects his mistake, that the blood alcohol level of the defendant at the time of drunk driving is relatively low, that the danger caused by the drinking and non-licensed driving of this case is not realized, and that the defendant has no criminal power exceeding the suspended sentence is favorable to the defendant.

In addition, in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and all of the sentencing factors indicated in the instant records and pleadings, such as the circumstances after the crime was committed, the lower court’s sentence is too unjustifiable.

Therefore, prosecutor's assertion is without merit.

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