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The prosecutor's appeal is dismissed.
Reasons
1. The lower court’s sentence (two years of suspended sentence for six months of imprisonment, 80 hours of community service, 24 hours of lecture to comply with orders, and 40 hours of alcohol treatment) is deemed to be too uneasy and unreasonable.
2. Considering the various circumstances shown in the arguments in the instant case, such as the Defendant’s previous conviction (three times before and after driving alcohol), drinking volume (0.103%), driving distance (10m), and circumstances after committing the instant crime (abscam and reflectivity), the lower court’s punishment is too unfasible and it is not deemed unfair, and thus, the Prosecutor’s assertion is rejected.
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.