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The prosecutor's appeal is dismissed.
Reasons
The summary of the grounds for appeal (unfair sentencing) sentenced by the court below is too uneasy and unfair.
Judgment
In that the defendant's blood alcohol concentration of 0.173% was 0.173% and caused an accident of injury by driving under the influence of alcohol.
However, in full view of the following circumstances: (a) the Defendant is a primary offender; (b) the Defendant was subscribed to a motor vehicle comprehensive insurance (Evidence No. 45 pages); (c) the Defendant deposited KRW 1.5 million in the lower court on October 25, 2016 to the J, the husband of the victim injured by the owner of the vehicle involved in the accident, the victim’s injury is relatively minor (the trial record No. 26,27 pages); and (d) other circumstances that are the conditions for sentencing as indicated in the records, such as the Defendant’s age, sex, environment, and circumstances after the crime, the lower court’s punishment is too unjustifiable and unreasonable.
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.