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The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is deemed to be too uneasible and unfair.
2. The instant crime committed on the market is an unfavorable circumstance, such as the following: (a) the Defendant committed the instant crime: (b) while driving a car, while causing the injury to three-party passengers while driving the car; (c) the Defendant escaped without taking any measures after destroying the car; and (d) the nature of the crime was inferior; (b) the record of criminal punishment for the same type of crime was only one time; and (c) the fact that the victims
However, in full view of the favorable circumstances, such as the fact that the Defendant’s mistake is against the victim, the injury suffered by the victims is relatively minor, the past record of the above criminal punishment is about 19 years, the subscription to a comprehensive insurance policy, and other various sentencing conditions as shown in the records and arguments of this case, including the Defendant’s age, sex, environment, family relationship, circumstances after the crime, etc., the lower court’s punishment is too uneasible and unreasonable.
The ground for appeal is without merit.
3. As the appeal by the public prosecutor is without merit, the appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act (Provided, That it is dismissed ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure; however, according to Article 25(1) of the Rules on Criminal Procedure, “Articles 148 and 54(1) of the Road Traffic Act (the occupation of a measure that was not taken after an accident)” as “Articles 148 and 54(1) of the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016)” as “Article 148 and 54(1) of the former Road Traffic Act (the occupation of a measure that was not taken after an accident).”