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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, two years of probation, 120 hours of community service, and 40 hours of law-abiding driving lectures) that the court below sentenced to the defendant is too uneasible and unfair.
2. In light of the various sentencing conditions in the instant case records and pleadings, such as the fact that there is no change of circumstances to consider the sentencing after the judgment of the court below, and that the blood alcohol content at the time of the Defendant’s driving under the influence of alcohol was relatively low, the sentence of the court below is too unjustifiable even if considering the circumstances alleged by the prosecutor as the grounds for appeal.
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.