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The prosecutor's appeal is dismissed.
Reasons
1. The lower court’s sentence (the imprisonment of eight months, the suspension of execution of two years, the community service order 80 hours, the order to attend a law enforcement lecture) is too uneasible and unreasonable.
2. The blood content of the instant blood is very high as 0.206%, and the Defendant has already been punished three times due to drinking driving, two times due to unlicensed driving, and one time due to traffic accidents.
However, the defendant is against the facts charged, and the defendant does not want the punishment of the defendant upon agreement with the victim, and the degree of injury of the victim is not much severe.
In addition, comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is deemed as unfortunate and unreasonable.
3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.