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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 (ten months of imprisonment, two years of suspended sentence, two years of probation, one hundred and twenty hours of community service order, and forty hours of compliance driving order) is too uneasy and unreasonable;
2. In full view of the following factors: (a) the Defendant’s mistake in depth reflects his/her own mistake and would not repeat again; (b) the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime; and (c) the circumstances before and after the instant crime were committed; and (d) the Defendant’s punishment ordering probation and 120-hour community service and 40-hour compliance driving curriculum is unreasonable, even if the Defendant had the record of punishment on three occasions due to drinking driving; and (b) the Defendant again committed the instant crime, even if he/she had the record of punishment on one occasion due to a suspended sentence of imprisonment, it does not seem that the lower court’s punishment ordering probation and 120-hour compliance driving curriculum is unreasonable.
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.