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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the lower court’s punishment (two years of suspended execution, observation of protection, community service order 80 hours, and 40 hours of lectures for treatment of alcohol addiction) is too uneasy and unreasonable.
2. The judgment defendant did not agree with the victim and was punished for drinking driving.
However, the victim's injury is not severe and is covered by the comprehensive automobile insurance.
In addition, the previous conviction of drinking is punished by a fine in 2007.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too uneasible and deemed unfair, and thus, the Prosecutor’s assertion is without merit.
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.