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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 (two years of suspended sentence for six months of imprisonment, observation of protection, and forty hours of attending a compliance driving) is too uneased and unreasonable.
2. In light of the fact that the defendant, while driving a drinking alcohol, caused a traffic accident and thus the risk of driving drinking is realized, and the defendant again led to driving drinking of this case even though he was punished for driving drinking, it is necessary to punish the defendant strictly.
However, in full view of the following: (a) there is no previous conviction for the Defendant who was subject to criminal punishment after 2004 or a punishment exceeding a fine; (b) the victims’ degree of damage is relatively heavy; and (c) other various sentencing conditions specified in the arguments in the instant case, such as the background of the instant crime, the circumstances after the instant crime; and (d) the Defendant’s age, sexual conduct, and environment, the lower court’s punishment is too uneasible and thus, it is not deemed unfair
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.