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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one hundred months of imprisonment and two years of suspended sentence) is too unhued and unfair.
2. There are unfavorable circumstances, such as the fact that the Defendant was subject to a fine twice due to driving without a license and twice due to drinking, the Defendant’s blood alcohol concentration at the time of the instant case was higher than 0.139%, and the victim suffered heavy attention by 12 weeks, such as cutting down the body to the right, and cutting down the body to the right.
However, in full view of the following circumstances: (a) the Defendant acknowledges and reflects all of the crimes; (b) the Defendant agreed with the injured party so that the injured party does not want the punishment of the Defendant; (c) the injured party took the vehicle in the order of the Defendant after drinking together with the Defendant; (d) the Defendant did not have the record of being punished for the same kind of crime for about 12 years since he was punished for driving around around 2004; and (e) other circumstances that are the conditions for sentencing as shown in the records and arguments of this case, such as the Defendant’s age, environment, sex behavior, circumstances before and after committing the crime, etc., it is not recognized that the sentence imposed by the lower court 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 as it is without merit. It is so decided as per Disposition.