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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (two years of suspended sentence for one year of imprisonment and forty hours of an order to attend a compliance driving lecture) declared by the court below is too uneasy and unreasonable.
2. The judgment of this case is recognized that the defendant was negligent in failing to fulfill his duty of care while driving under influence, resulting in injury requiring approximately two weeks of treatment to two victims. The crime is bad, the defendant's blood alcohol concentration is very high to 0.211%, the defendant has already been punished four times due to driving under influence, violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and that the defendant did not agree with the victims.
However, it is recognized that the defendant recognized the crime of this case and reflects the fact that the vehicle operated by the defendant is covered by a comprehensive motor vehicle insurance, that the victim's injury is not serious, that the defendant's previous conviction reaches several times as above, but the most recent criminal record of drinking is 2002, and that the criminal record of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents was 2013.
In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.
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.