The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the lower court (two years of suspended execution for six months of imprisonment, community service, and law-abiding lecture) is too uncomfortable and unfair.

Judgment

It is recognized that the defendant's blood alcohol concentration is very high to 0.245%, and that an accident is caused by abnormal operation due to the influence of alcohol and the injury is inflicted on the victims.

However, the degree of injury suffered by the victims is not more than two weeks, and the defendant is the first offender who has no record of criminal punishment, and the defendant's vehicle is covered by comprehensive insurance and thus the victims' substantial damage has been recovered to some extent.

In addition, comprehensively taking account of the following circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the offense, and circumstances after the offense, etc., the lower court’s sentencing is difficult to be deemed to have exceeded the reasonable scope of discretion.

Therefore, the prosecutor's argument of unfair sentencing is not accepted.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it is without merit.