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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too uneasy and unreasonable.
2. The crime of this case is a case where the Defendant was under the influence of alcohol level 0.125% while driving a blood alcohol level while causing a traffic accident, resulting in the victim’s injury, such as dynasium, which requires treatment for about two weeks, and the nature of such crime is not easy, and the driving of drinking is a crime that may cause serious danger to the life and property of another person, and thus, it is necessary to strictly punish the Defendant.
On the other hand, there is no record of criminal punishment before the defendant, the recognition of the crime of this case and the violation of the mistake, the degree of injury suffered by the victim due to the traffic accident of this case is relatively minor, and the judgment of the court below that the victim does not want the punishment of the defendant by agreement with the victim is favorable to the defendant.
In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.
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.