The prosecutor's appeal is dismissed.

1. The lower court’s sentence (one year of imprisonment, two years of suspended execution, and forty hours of lecture of compliance driving) on the summary of the grounds for appeal is deemed to be too uneasible and unfair.

2. In light of the fact that the Defendant again committed the instant crime of drinking alcohol even though he/she had been punished several times as such, such as drinking, refusing to measure drinking, etc., and that the numerical value of drinking at the time of committing the crime is higher than 0.214%, the Defendant’s liability for such crime is not somewhat weak.

However, in full view of all the circumstances in the record, including the fact that the Defendant recognized the facts charged, the fact that there is no criminal record other than the fine, the Defendant’s age, sex behavior, environment, circumstances leading to the commission of the crime, and the circumstances after the commission of the crime, the lower court’s sentence is unhurd and thus is 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 as adding 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.