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 order to attend a law-abiding driving lecture 40 hours) is too uneased and unreasonable.

2. The Defendant committed the instant crime by driving again under the influence of alcohol, without a license, even though he had a history of punishment several times for the same kind of crime, such as driving of alcohol, refusal of measurement of drinking, etc.

However, in full view of all the sentencing conditions in the records, such as the fact that the defendant recognized the facts charged, the fact that the drinking value is relatively low, the fact that there is no previous conviction in addition to the fine, and the circumstances leading to the defendant's age, sex, occupation, environment, circumstances leading to the crime, etc., the sentence of the court below is not deemed unfair and unfair.

3. As such, the prosecutor’s appeal is without merit, and it is dismissed pursuant to 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 without prison labor” is obvious that it is a clerical error, and it is corrected ex officio by adding it).