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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. On November 30, 2016, the Defendant was sentenced to a four-time fine due to drinking, and the Defendant was sentenced to a two-year suspension of the execution of imprisonment due to a violation of the Waste Management Act at the Changwon District Court's Seongbuk Branch on the grounds of a violation of the Waste Management Act, etc. on November 30, 2016, and was driving the instant drinking without being aware of the two-year suspension of the suspension of the execution of the sentence. At the time, the Defendant's blood alcohol concentration was considerably high by 0.173%, and the driving distance was not short by 3 km, and the Defendant was crackdownd by a traffic accident.
However, in full view of all the circumstances, it is somewhat harsh that the invalidation of the suspended sentence on the grounds of the crime committed by the Defendant, including the fact that the Defendant admitted and reflected the crime, the fact that the Defendant agreed with the victims of traffic accidents, the fact that the Defendant disposed of the vehicle driven by the Defendant, the family members to support the Defendant, the fact that the suspended sentence is invalidated when the Defendant is sentenced to a sentence, and that the suspended sentence on the grounds of the crime committed by the Defendant is mitigated for at least one year, and other various circumstances, including the Defendant’s age, environment, sex behavior, the background of the crime, the circumstances before and after the crime, etc., and the sentencing conditions specified in the
Even if it is not so unfair that it should be destroyed.
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.