The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (two years of suspended sentence of eight months, community service 40 hours, 40 hours of lecture to comply with orders, and 40 hours of alcohol treatment) that the lower court pronounced is deemed to be too uneasy and unfair.

2. It is recognized that the judgment defendant has a record of being punished several times due to the same kind of violation of traffic law (drinking driving), and that the blood alcohol concentration is 0.11% and the numerical value is high.

However, considering all of the sentencing conditions stated in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant offenses, etc., the sentence of the lower court is too unafford and deemed unfair, in light of the following factors: (a) the Defendant has committed a crime in depth while making a confession; (b) there is no history of punishment heavier than a fine; and (c) the distance of driving a drinking or non-license without a license is about 200 meters.

Therefore, 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 (Article 25(1) of the Criminal Procedure Act. However, since it is obvious that the “the primary driver’s family report” in the summary of the evidence of the judgment below is a clerical error in the “the primary driver’s family report”, the prosecutor’s appeal is correct ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure.