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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (for a period of four months of imprisonment without prison labor and one year of suspended execution) declared by the court below is too unfasible and unfair.
2. In the instant traffic accident, the victim of 21 years of age suffers from a loss of right vision and a serious injury of Grade III intellectual disability due to the instant traffic accident, and the damage is very serious, and the fact that the Defendant was unable to agree with the victim is disadvantageous to the Defendant.
However, in full view of the following circumstances: (a) the Defendant recognized the instant crime, the vehicle driven by the Defendant is covered by a comprehensive insurance; (b) the Defendant has no negligence under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents; (c) the Defendant was negligent on the road at night under the influence of alcohol to the victim; (d) the Defendant deposited KRW 5 million in the lower court for the victim; and (e) the Defendant deposited in the lower court for the victim; and (c) the Defendant’s age, character and conduct, environment, family relationship; and (d) the background and consequence of the instant crime; and (e) the circumstances after the commission of the instant crime, etc., the sentence imposed by the lower court is too unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.