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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution in six months of imprisonment, and eight hours of community service order) is too uneased and unreasonable.
2. The judgment of the defendant caused the traffic accident of this case by negligence of the central line while driving under the influence of alcohol or without a license with the victim, and the degree of violation of the duty of care is very significant, the injury suffered by the victim is not less easily, and there is a history of punishment for driving under the influence of alcohol.
However, there can be also be extenuating circumstances such as the fact that the comprehensive insurance policy on the vehicle driven by the defendant is expected to recover part of the damage to the victim, the defendant reflects the crime of this case, there is no penalty heavier than the suspended execution, and the injury suffered by the victim is not hot.
In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the lower court and the punishment different from the circumstances after the crime, the lower court’s punishment is too unjustifiable and unreasonable.
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.