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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (limited to eight months of imprisonment, two years of suspended execution, and forty hours of attending the law-abiding class) declared by the court below is too unfasible and unfair.
2. The Defendant committed the instant crime with the history of having been punished several times due to drinking driving.
The defendant's blood alcohol concentration was high 0.113%, and the defendant caused a traffic accident in which the damaged vehicle stopped by the defendant, resulting in the victim's two or three-day medical treatment, and the nature of the crime is heavy.
However, the Defendant did not have any record of punishment exceeding a fine, and committed the instant crime in depth and did not repeat again.
In addition to the vehicles of the defendant are covered by comprehensive insurance, the victims do not want punishment.
In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed unfair because the sentence imposed by the court below 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.