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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than ten months and two years of suspended execution, probation, 40 hours of attending a compliance driving lecture, community service work hours of not less than 120 hours) of the lower court is deemed to be too uneasible and unfair.
2. The judgment of the defendant's blood alcohol concentration was considerably high by 0.157%, but it caused a traffic accident by driving under the influence of alcohol, which led to the victim's injury, and the defendant's previous conviction is disadvantageous.
However, in full view of the favorable circumstances, such as the Defendant’s recognition of the instant crime and the mistake, the fact that a harming vehicle is subscribed to a comprehensive motor vehicle insurance, and the degree of injury to the victim is relatively heavy, as well as the Defendant’s age, character and conduct, environment, background of the instant crime, the result of the crime, circumstances after the crime, etc., the lower court’s punishment is too uneasible and unreasonable.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.