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The prosecutor's appeal is dismissed.
Reasons
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. Although the Defendant had had a record of being punished for driving under drinking, the Defendant again committed the instant crime of driving under drinking.
The drinking level is also high at the time of the crime of this case.
However, in full view of the following facts: (a) the Defendant recognized the facts charged; (b) the number of times the Defendant was punished for a crime that includes drinking prior to the instant crime; and (c) other conditions of sentencing indicated in the record, such as the Defendant’s age, sex, occupation, environment, circumstances leading to the Defendant’s crime; and (b) the circumstances after the instant crime, the lower court’s sentence is deemed unreasonable and unreasonable.
3. As such, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Provided, That the judgment of the court below is correct ex officio by adding it, since it is obvious that the omission of “1. Selection of punishment: Imprisonment” is a clerical error, since it is obvious that it is a clerical error in the application of the law of the court below.