The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the lower court (two years of suspended execution for one year of imprisonment, and forty hours of attending the law-abiding lecture) is too unhutiled and unfair.

Judgment

The defendant runs away even while driving a motor vehicle, and the nature of the crime of this case is heavier than that of this case.

However, considering the following as a whole: (a) the Defendant’s mistake recognized by himself/herself, the vehicle of the Defendant is against the recognition of his/her mistake; (b) the victim’s injury is covered by a comprehensive insurance; (c) the victim’s blood alcohol concentration did not exceed 0.069%; and (d) the Defendant’s blood alcohol concentration did not exceed 0.069%; and (c) the Defendant has no criminal history, other than fines twice, the Defendant is a favorable sentencing factor; and (d) other sentencing materials in the pleadings, such as the background of the instant crime, circumstances after the commission of the crime; (e) the Defendant’s age, character, conduct, and environment, etc.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, in accordance with Article 25(1) of the Rules on Criminal Procedure, "within the scope calculated by adding "within the aggregate of the long-term punishments of 1. concurrent crimes" in the application of the statutes of the court below ex officio, it shall be corrected.

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