The prosecutor's appeal is dismissed.

1. In light of the main sentence of the grounds for appeal, the sentence of the lower court (two years of suspended sentence of six months, surveillance of protection, and order to attend a law enforcement lecture) is too uneased and unreasonable in light of the various sentencing conditions in light of the summary of the grounds for appeal.

2. Each of the instant crimes in determining the grounds for appeal are the grounds for sentencing unfavorable to the Defendant, even though the Defendant had been punished several times due to drinking or non-licensed driving, after being charged with driving a motor vehicle under the influence of alcohol level of 0.068% while under influence of alcohol with no license, and driving a motor vehicle with another driver without license during the trial. In light of all the circumstances, the case is not easy in light of the overall circumstances, and driving of a motor vehicle is a serious crime causing harm to the life and body of himself/herself and others, and the revised Road Traffic Act strengthened criminal punishment by raising the statutory penalty for such crime is the grounds for sentencing unfavorable to the Defendant.

However, in full view of the following: (a) there is no punishment imposed by the Defendant in excess of a fine; and (b) there is no punishment imposed by the Defendant for each of the instant crimes; (c) the level of alcohol concentration in blood at the time of driving the instant drinking; (d) the Defendant’s age, sex, criminal conduct, family environment; (e) circumstances leading to each of the instant crimes; (e) circumstances leading to the instant crimes; and (e) the circumstances after the commission of the instant crime; and (e) the outcome of the application of the sentencing guidelines by the Sentencing Committee; and (e)

shall not be deemed to exist.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.