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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The punishment of the court below (two years of probation, one hundred and sixty hours of community service, and forty hours of law-abiding lecture in the month of imprisonment) is too uncomfortable and unfair.
Judgment
The fact that there is a history of punishment of a fine twice due to the same kind of drinking driving, the majority of the victims, the fact that the victim did not agree with the Council, and the fact that the blood alcohol content is higher than 0.151% is disadvantageous.
However, in light of the following circumstances: (a) the Defendant recognized his mistake; (b) the victims’ injury is minor; (c) the Plaintiff L, H, and F agreed with the Plaintiff; and (d) the Japanese taxi limited partnership company and the civil conciliation, which is the owner of the vehicle driven by the victim D, was conducted by the victim D; and (c) other factors of sentencing as indicated in the instant pleadings, such as the background of the instant crime, circumstances after the commission of the crime; and (d) the Defendant’s age, character, conduct, and environment, the Prosecutor’s assertion is without merit.
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.