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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, 120 hours of community service order, and 40 hours of lecture for compliance driving) by the court below is too unfasible and unreasonable.
2. As the Defendant, while driving a drinking alcohol, escaped without taking any special relief measures even though he/she causes the instant traffic accident, the crime’s nature is not somewhat weak, and the degree of injury suffered by the victim is serious.
It appears that the defendant seems to be disadvantageous to the defendant.
However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, that the defendant has no means of punishment for a considerable period of time other than the punishment as a fine for a crime of dual species, that there exists no other penalty for a considerable period of time, in the investigation stage, that the defendant's vehicle is covered by automatic comprehensive insurance, etc., and other factors of all the sentencing as indicated in the instant case, such as the degree of alcohol concentration favorable to the defendant, age, sexual behavior, environment, circumstances after the crime, and circumstances after the crime, it is not recognized that the sentence of the court below is too unjustifiable and 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.