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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 (one year of imprisonment, two years of suspended execution, 40 hours’ order to attend a law-abiding lecture, 160 hours’ order to provide community service) is too uneased and unreasonable;
2. In full view of all the factors such as the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment is deemed unreasonable, even if it is deemed that the Defendant had a record of being sentenced to a fine one time due to drinking driving in around 2012 and one time due to one without a license driving in light of the following: (a) the Defendant’s mistake is deemed to be seriously against and again going again; (b) there is no record of punishment exceeding the Defendant; and (c) the Defendant’s age, character, environment, motive and circumstance leading to the instant crime; and
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.