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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, forty hours of an order to attend a law-abiding lecture, and eight hours of an order to provide community service) is too uneased and unreasonable.
2. In full view of the circumstances favorable to the Defendant, such as the circumstance unfavorable to the Defendant, the fact that the Defendant’s blood alcohol concentration was considerably high at the time of the instant case, etc., the circumstances favorable to the Defendant, such as the Defendant’s violation, and the fact that there was no penalty force exceeding the fine, etc., and other circumstances favorable to the Defendant, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., it is difficult to deem that the lower court’s punishment is too uneasible
Therefore, the prosecutor's above assertion is without merit.
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.