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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s punishment (a prison term of eight months, a suspended sentence of two years, and an order to attend a course) is too uneased and unreasonable.
2. The crime of this case is a case where the Defendant driven while under the influence of alcohol 0.136% in blood and caused a traffic accident to cause three victims with injury requiring two weeks’ medical treatment, and the nature of the crime is not somewhat weak. The Defendant previously had a record of criminal punishment of fines due to driving of alcohol, and the Defendant had a relatively high level of alcohol level of 0.136% in blood alcohol level at the time of detection.
On the other hand, the defendant recognized the crime of this case and reflects the mistake in depth, and the victims do not want the punishment of the defendant by mutual consent with the victims, and the defendant does not repeat such errors again.
It is hard to say that it is favorable to the defendant.
In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.
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.