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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the reasons for appeal is that the sentence of imprisonment (two months of prison labor, two years of suspended execution, and forty hours of compliance driving) by the lower court is too minor.
2. The judgment is that the Defendant, even though he had already been punished twice due to drunk driving, was driving at a drinking state with blood alcohol level of 0.113% at the same time, and was committing the instant crime that runs away without relief measures, and that the Defendant did not agree with the victim is an element of sentencing disadvantageous to the Defendant.
However, it is the sentencing factor favorable to the defendant that the defendant recognizes both crimes and reflects, there is no punishment heavier than the fine, the vehicle of the defendant is covered by a comprehensive insurance and the degree of damage suffered by the victim is not much severe.
In addition, considering the overall sentencing factors prescribed by Article 51 of the Criminal Act, such as the family relationship, economic situation, and the background of the occurrence of the instant case, the sentence of the lower court cannot be deemed unreasonable because it is too uneasible.
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.