2. On March 30, 2016, the Defendant was sentenced to a fine twice due to driving of alcohol, and the Defendant was sentenced to a suspension of the execution of official duties in the Changwon District Court for a period of six months on March 30, 2016, and was sentenced to a suspension of the execution of official duties, but he was not well aware of the suspension of the execution. At the time, the Defendant’s blood alcohol concentration level was considerably high by 0.196%, and the Defendant’s blood alcohol concentration level was crackdownd by traffic accidents, and there is an unfavorable circumstance against the Defendant.

However, the fact that the defendant acknowledges and reflects the crime, the defendant is treated as alcohol addiction and will not repeat the crime in the future.

In full view of the facts and circumstances, including the Defendant’s age, environment, sex, circumstances leading up to a crime, and circumstances before and after a crime, etc., the sentence imposed by the court below is somewhat weak in light of the following: (a) the sentence imposed by the court below is invalidated if the Defendant is sentenced to punishment; and (b) the sentence imposed by the court below should be imposed for at least six months; and (c) the invalidation of the sentence imposed by the Defendant is somewhat harsh in light of the overall circumstances.

Even if it is not so unfair that it should be destroyed.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.