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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 (7 million won in penalty) is too unhued and unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
The defendant's blood alcohol concentration is 0.205% higher.
The Defendant is causing a traffic accident while driving alcohol and inflicts bodily injury on two victims.
Circumstances favorable to the defendant shall be as follows:
The Defendant recognized the instant crime and runs against the Defendant.
The defendant is an initial offender who has no record of punishment.
The degree of injury of victims is less severe.
The victims do not want punishment of the defendant by mutual consent between the victims and the victims.
Defendant's vehicles are covered by comprehensive automobile insurance.
In addition to the above circumstances, taking into account the character, conduct, career, environment, the background and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, the lower court’s punishment is too uneasible and unreasonable.
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 prosecutor's appeal is without merit. It is so decided as per Disposition.