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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal that the court below rendered by the defendant is too unfasible and unfair.
2. The Defendant was sentenced to imprisonment for not more than six months and was released on August 14, 201 and the parole period expired on the grounds that he was sentenced to a fine twice due to drinking alcohol driving, a suspended sentence for driving without a license, a refusal to measure drinking and a non-licenseing driving, and the Defendant was released on parole on the one hand due to the crime of refusing to measure drinking alcohol, etc., and there is an unfavorable circumstance to the Defendant, such as the Defendant’s driving of the same kind of drinking during the period of repeated offense.
However, in full view of the various circumstances, such as the fact that the defendant recognized the crime, the defendant was driving immediately after drinking, not driving immediately after drinking, but driving after drinking or breaking for about seven hours in his wife, and the motive and circumstances of the operation, the alcohol concentration level of the defendant's blood was not higher than 0.057%, the distance of driving is less than 200 meters, the defendant disposed of the vehicle, the defendant is supporting the wife and two minor children, and other circumstances that form the conditions of sentencing in the records and arguments of this case, such as the defendant's age, environment, sex behavior, circumstances before and after the crime, etc., it is not recognized that the punishment imposed by the court below is unfair because it is too uneasible.
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.