The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months and two years of suspended execution) of the lower court is deemed to be too uneasy and unfair.

2. The crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant, who has been punished twice or more for drinking driving, has been engaged in driving under the influence of alcohol and driving without a license. The defendant already has the record of criminal punishment of fines twice due to the same kind of crime, and the driving under the influence of alcohol is a crime that may cause serious danger to the life and property of another person.

On the other hand, the following are the circumstances favorable to the defendant: (a) the defendant recognized the crime of this case; (b) there was no past history of criminal punishment heavier than the fine; and (c) the blood alcohol concentration level at the time of detection was relatively higher than 0.072%; and (d) the defendant's family members wanted to have the Defendant's wife rapidly.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.