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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 for six months of imprisonment, community service, 120 hours, and 40 hours of compliance driving) is too unfford and unfair.
2. The level of criticism is large in that the Defendant drives a vehicle while driving the vehicle at a high level of 0.141% alcohol level without a driver's license despite the fact that the Defendant had been already punished twice due to drinking and twice due to driving without a driver's license.
However, in full view of all the sentencing conditions that are shown in the records and arguments, including the fact that the defendant committed a crime and commits a mistake, the defendant did not have any criminal record in addition to the fine, the crime of this case does not lead to traffic accident, and the defendant's age, sex, environment, occupation, and circumstances after the crime, the sentence of the court below is too uneasible and unfair.
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.