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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal (unfair sentencing) is that of the lower court’s punishment (i.e., eight months of imprisonment and two years of suspended sentence, etc.) is too uneased and unreasonable.
2. The judgment of the court below is that the crime of this case committed by the defendant causing a traffic accident while driving a drinking, thereby damaging the vehicle driven by the victim E and G, and the victim E and G suffered an injury requiring a medical treatment for about one week, and the nature of the crime is not good for the case of escape without taking necessary measures, such as aiding the victims. The defendant's blood alcohol concentration level at the time of detection is relatively high to 0.14%, and the driving of drinking is a crime that may cause a serious danger to the life and property of others, and thus, it is disadvantageous to the defendant.
On the other hand, there is no record of criminal punishment that the defendant had previously been subject to criminal punishment, the recognition of the crime of this case and the violation of the wrongness, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, not only the victim E but also the victim does not want the punishment of the defendant. The degree of injury suffered by the victims due to the traffic accident of this case is relatively minor, and the arrest of the defendant again returned to the scene of the traffic accident of this case is favorable to the defendant.
In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 148 and Article 54(1) of the Road Traffic Act (the point of time after the accident) in the column of “the pertinent provision on criminal facts of 1.” of the judgment below.