The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (the three years of suspended execution in the month of imprisonment with prison labor, the one of 160 hours in social service) is too unfluent and unreasonable.

2. Despite the fact that the Defendant was punished five times as well as two times of suspended sentence of imprisonment for the same crime, the level of criticism is high in that he/she drives a motor vehicle while driving the motor vehicle at the altitude of 0.174% in blood alcohol level without a driver's license.

However, in full view of all the sentencing conditions shown 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 unfeasible and unreasonable, in so doing, it is not recognized that the Defendant’s length is relatively short, the driving distance is relatively short of 50 meters, and the instant crime does not lead to traffic accidents.

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 by the court below (Provided, That in the application of the law of the court below, “the pertinent legal provisions and choice of punishment against the crime” are obvious that it is a clerical error of “the pertinent legal provisions against the crime,” and it is corrected ex officio.