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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 sentence (one year of suspended execution, one year of protection observation, one hundred and sixty hours of community service, twenty-four hours of lecture in compliance driving, and forty hours of alcohol treatment lectures) is too uneasy and unfair.
2. The judgment is disadvantageous to the Defendant, even though the Defendant was punished several times for a like crime, again commits the instant drinking alcohol driving and resulting in a traffic accident.
On the other hand, the fact that the defendant recognizes and reflects his mistake, that the degree of injury of the victim of the traffic accident is relatively minor and smooth, and that the defendant has no record of punishment exceeding the fine.
In addition, comprehensively taking account of the following: the Defendants’ age, sex, environment, family relationship, and motive for committing the crime, and various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.