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. The level of criticism is high in that the Defendant committed the instant crime at the same time, including the power of punishment three times due to driving under drinking, and the previous conviction of the traffic law violations, in five times, and at the same time, committed the instant crime.

However, in full view of the following: (a) the Defendant committed a crime while committing a crime, the driving distance is relatively short; (b) the blood alcohol concentration is relatively low; and (c) other factors of sentencing as shown in the records and arguments, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, etc., the lower court’s punishment is too uneasible and unreasonable.

3. In conclusion, 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 omission of “1. Selection of sentence: Imprisonment: Imprisonment without prison labor” in the application of the law of the court below is obvious that it is a clerical error, and it is corrected ex officio as it is corrected ex officio).