The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (ten months of imprisonment) is too unhued and unreasonable.

2. It is recognized that the defendant committed each of the crimes of this case again even though he had a record of punishment several times for such crimes as drinking, driving without a license, etc.

However, in full view of the following factors: (a) the Defendant’s blood alcohol level at the time of driving the instant drinking alcohol was relatively high; and (b) the Defendant’s age, sex, environment, background leading up to committing a crime, and the circumstances after committing a crime, etc., the lower court’s punishment cannot be deemed unfair as it is too unfluent and unreasonable.

3. As such, the prosecutor’s appeal is without merit, and the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act. However, since it is obvious that the omission of “1. Selection of punishment” in the application of the law of the original judgment is a clerical error, and it is corrected ex officio as it is the addition of this.