교통사고처리특례법위반(치상)등
The prosecutor's appeal is dismissed.
1. Summary of the grounds for appeal and the sentencing (in the case of original trial, eight months of imprisonment, two years of suspended execution, forty hours of taking courses and 120 hours of community service);
2. We agree with the prosecutor's arguments that the defendant repeated the crime during the period of imprisonment with prison labor, that the blood alcohol level was high, and that the harm of drinking driving was serious. However, considering the factors of sentencing under Article 51 of the Criminal Act, including the traffic accident victim's submission of the intention not to punish, the amount of punishment imposed by the court below is reasonable.
Therefore, the prosecutor does not accept the prosecutor's allegation of unfair sentencing.
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.