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, three years of suspended execution, three years of probation, 80 hours of social service, 40 hours of compliance driving class) is too unfunied and unreasonable;

2. The judgment of the defendant is an unfavorable circumstance to the defendant, such as the fact that the defendant again committed the instant crime despite the fact that he/she had been punished five times for a violation of the Road Traffic Act (driving without a license) and three times for a violation of the Road Traffic Act (driving without a license), and that the blood alcohol concentration also exceeds 0.105%.

On the other hand, the fact that the defendant reflects his mistake, and that the defendant does not have any criminal record exceeding the fine is favorable.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, it is not recognized that the lower court’s punishment is too unjustifiable, and thus, the Prosecutor’s assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.