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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable in light of the fact that the accused has been punished several times due to the violation of the Road Traffic Act, the violation of the Road Traffic Act, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (three times of suspended sentence of imprisonment, and three times of fines) and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (two years of suspended sentence in October, probation, the community service order 160 hours, and the order to attend a compliance driving course).
2. Taking into account the circumstances alleged by the prosecutor of the judgment, the following circumstances are considered: (a) the Defendant confessions and reflects the Defendant; (b) the Defendant was not committing the instant crime during the period of suspension of the execution of the same kind; (c) the distance from the Defendant’s driving is relatively short; (d) the Defendant does not cause traffic accidents due to drinking driving of the instant case; and (c) the Defendant does not repeat again; and (d) the effect of recidivism can be expected through probation sentenced by the lower court; and (e) other circumstances, such as the Defendant’s character and conduct and environment; (e) the background and consequence of the instant crime; and (e) the circumstances after the instant crime, etc., are considered as having been committed
3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.