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The prosecutor's appeal is dismissed.
Reasons
1. The lower court’s sentence (two years of suspended execution in the month of imprisonment for eight months, one hundred and twenty hours of community service, and forty hours of instruction of compliance driving) is deemed to be too uneasible and unfair.
2. The judgment of the Defendant caused a traffic accident that causes another person while driving under the influence of drinking alcohol (0.281% of alcohol concentration in blood) even though he/she had a history of punishment twice due to drinking.
However, in full view of all the sentencing conditions indicated in the record, including the fact that the Defendant recognized the instant crime, the fact that there was no previous conviction other than the fine, the fact that the injured person is not subject to the punishment of the Defendant by agreement with the victim of the traffic accident, the fact that the degree of the injured person is relatively minor, and the Defendant’s age, sex, environment, circumstances leading to the commission of the crime, and circumstances after the crime, the lower court’s punishment is too unjustifiable and thus is not recognized as unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.