The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment of eight months, the suspension of the execution of two years, and the lecture hours of compliance driving 40 hours) is too uneasible and unfair.

2. Although the Defendant had been punished several times for the same kind of crime, such as drinking, driving without a license, etc., the Defendant committed the instant crime by driving again and driving without a license.

However, the Defendant recognized the facts charged, and there is no previous conviction in addition to the fine, and the drinking volume (0.065%) was relatively high. In full view of all the factors indicated in the record, such as the above circumstances and the Defendant’s age, sex, occupation, environment, circumstances leading to the commission of the crime, and circumstances after the commission of the crime, the lower court’s sentence is not deemed unfair and unfair.

3. As such, the prosecutor’s appeal is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That the application of the judgment of the court below, “1. Selection of punishment: Imprisonment with prison labor” is obvious that it is a clerical error, and it is corrected ex officio as it is corrected to add it).