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The appeal by the prosecutor is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and three years of suspended execution) of the original judgment is deemed to be too untile and unfair.
2. The judgment is an unfavorable circumstance to the Defendant, for example, three times (two times a fine, one time a suspended sentence), the blood alcohol concentration at the time of driving was considerably high by 0.176%, and the long distance driven while under the influence of alcohol is the long distance.
However, in full view of all the sentencing conditions, including the Defendant’s age, character and behavior, environment, motive, means, consequence, etc., as a whole, the suspension of execution of imprisonment with prison labor for the Defendant, which orders probation, community service, and compliance driving as an incidental disposition, is too unreasonable to the extent that the sentence of the lower court ordering the probation, social service, and compliance driving is reversed.
3. The final appeal by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the final appeal by the prosecutor is groundless. It is so decided as per Disposition.