The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment, two years of suspended execution, and forty hours of order to attend a law enforcement lecture) is too uneasible and unfair.

2. The judgment of the defendant is a previous criminal record who was punished for driving of the same kind of crime under drinking, and in particular, the defendant committed the crime of this case under the influence of drinking again and driving without a license for three months only after receiving a summary order due to the previous crime of drinking under the influence of alcohol.

However, in full view of all the sentencing conditions indicated in the record, including the fact that the defendant recognized the facts charged, the fact that there is no previous conviction in addition to the fine, the fact that the drinking value is relatively high, and the number of times that the defendant was punished for driving under the previous influence of alcohol (two times), the defendant's age, sex, occupation, environment, circumstances leading to the crime, and circumstances after the crime, etc., it is not recognized that the sentence of the court below is 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.