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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 years of suspended execution, two years of probation, eight hours of community service, and forty hours of lectures of compliance driving) is too uneasy and unreasonable.
2. The fact that the Defendant’s blood alcohol is very high is disadvantageous to the Defendant.
However, considering the fact that the defendant was not subject to criminal punishment exceeding the fine for the same crime, the fact that the defendant recognized his/her fault and reflects his/her fault, and other circumstances revealed in the arguments in this case, the court below’s punishment is too uneasible and it is not deemed unfair, and thus, the prosecutor’s assertion is not acceptable.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.