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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable because the original court's imprisonment (two years of suspended execution, probation, one hundred and sixty hours of community service, and forty hours of lecture in the course of eight months of imprisonment) is too unhued; or
2. The accused has a record of being sentenced to a suspended sentence of imprisonment with prison labor for one time and a six-time fine due to a crime of drunk driving.
The crime of this case was committed not only by the defendant but also by the traffic accident that caused physical damage to the two parked vehicles. At the time of driving under the influence of alcohol in this case, the blood alcohol concentration level is very high 0.224%.
These circumstances are disadvantageous to the defendant.
However, although the defendant denied the crime in the court below, the court below recognized the crime in this case and divided the errors.
There is time interval between the crime of this case and the previous drunk driving division for at least five years.
The defendant shall support the father who suffers from dementia and her mother who is suffering from dementia.
These circumstances are favorable to the defendant.
In full view of such circumstances as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s sentence is deemed unreasonable as it is too uneasible.
3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.