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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (one year of imprisonment, three years of suspended execution, three years of probation, and 120 hours of community service order) of the lower court is too uneasible and unreasonable;
2. The judgment of the driving under the influence of alcohol has increased the possibility of a traffic accident and may cause unexpected behaviors to the life and home of others, and the blood alcohol level of the defendant was significantly high by 0.264% at the time of the crime of this case, and the defendant was sentenced to a fine of KRW 3 million at the Jeonju District Court on December 19, 2018, and again committed the crime of this case at the time when three months have elapsed since then, the defendant was sentenced to a fine of KRW 3 million at the Jeonju District Court on December 19, 2018, and the defendant was punished for the violation of the Road Traffic Act not only nine times, but also nine times, and three times of the suspension of the execution of imprisonment, and the occurrence of physical damage to one vehicle parked due to the crime of this case has occurred.
However, the Defendant’s depth and reflects the instant crime; the driving distance of the instant crime is relatively short of 240 meters; the Defendant was hospitalized in a hospital by himself; the Defendant was given medical treatment after the instant crime was committed on May 14, 2019; the Defendant sold the vehicle on May 14, 2019; the suspended sentence of imprisonment was sentenced for a violation of the Road Traffic Act; the Defendant’s family members were 15 years prior to 2004; the Defendant’s family members were leading the Defendant; and the Defendant’s age, character, environment, and other sentencing conditions were considered to be too uncompared and unfair. In full view of all, the lower court’s sentence cannot be deemed unfair.
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.
However, the judgment of the court below was omitted between the third one and the second two.