The sentence of the court below (two years of probation, 40 hours of probation, and 40 hours of the law-abiding lecture in October) is too unhued and unfair.

Judgment

The fact that there is a history of punishment of a fine twice for the same kind of drinking driving and traffic-related crimes, and that the blood alcohol concentration is very high by 0.289% is disadvantageous.

However, in full view of the following factors: (a) the Defendant recognized his mistake; (b) there is no previous conviction exceeding the fine; (c) there is minor injury of the victims; (d) there is an agreement with the victims; and (e) there is a favorable condition that the Defendant subscribed to a comprehensive insurance; and (e) other various sentencing conditions specified in the present argument, such as the background of the instant crime; (b) the circumstances after the instant crime; and (c) the Defendant’s age, character and conduct, and environment

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.