The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended execution in the imprisonment of eight months and forty hours of compliance driving) is deemed to be too uneasy and unfair.

2. While the Defendant was punished twice due to drinking driving, the level of criticism is high in that he/she drives a vehicle in the state of drinking alcohol concentration of 0.270% during driving at the same time.

However, in full view of all the sentencing conditions in the records and arguments including the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is too uneasy and is not deemed unfair, in so doing, even if it is deemed unfair, in view of the following: (a) the Defendant’s mistake was committed while committing the crime; (b) the Defendant did not lead to a traffic accident; and (c) the Defendant did not have any criminal record

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 law of the court below to “1. Selection of punishment: Imprisonment without prison labor” is obvious that it is a clerical error, and it is corrected ex officio by adding it.)