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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s punishment (one year of imprisonment, two years of suspended sentence, community service order, etc.) is too uneasy and unreasonable.
2. The crime of this case, which caused a traffic accident twice a year by the defendant while driving alcohol, and caused the victim C to suffer an injury requiring medical treatment for about two weeks, not taking necessary measures, such as aiding the victim, but is not good to the nature and circumstances of the crime. At the time of detection, the amount of alcohol concentration in the defendant's blood was relatively high by 0.133%, and the victim did not reach an agreement up to the trial, and driving of alcohol is a crime that may cause a serious danger to the life and property of others, and thus, it is disadvantageous to the defendant.
On the other hand, the defendant has no record of criminal punishment before, recognition of the crime of this case and reflects the mistake in depth, the degree of injury suffered by the victim of the traffic accident of this case is relatively minor, the vehicle operated by the defendant can recover from liability insurance to a certain extent, and the same mistake will not be repeated again.
It is hard to say that it is favorable to the defendant.
In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.
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.