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The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (the sentence of two years of suspended execution in the month of imprisonment for eight months, community service 40 hours, and compliance driving lectures) is too uneasible and unfair.
2. However, despite the fact that the Defendant had already been sentenced to majority punishment as well as the like crime, driving a vehicle while driving the vehicle at the altitude of 0.144% alcohol level during his blood, and the degree of criticism is large in that the Defendant is not familiar with the person under criminal trial due to driving under the above drinking, and is driving without a driver’s license again.
However, in full view of the following: (a) the Defendant committed a crime; (b) the Defendant committed a wrongful act while committing a crime; (c) the Defendant was able to repeat a crime again; (d) the Defendant was well-founded for a considerable period since 2012; and (e) other conditions of sentencing as shown in the records and arguments, such as the Defendant’s age, sex, environment, occupation, and circumstances after committing a crime, the lower court’s punishment is too unfeasible
3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.