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The prosecutor's appeal is dismissed.
Reasons
1. The lower court’s sentence (two years of suspended sentence for ten months of imprisonment, and forty hours of lectures in community service and law-abiding driving, each of which is 40 hours) on the summary of the grounds of appeal is deemed unreasonable.
2. In light of the fact that the Defendant, even before two times of drinking driving, once again drives the instant drinking and causes the traffic accident, it is necessary to punish the Defendant solemnly.
However, the defendant agreed with the victims.
In addition, there is no record of criminal punishment before and after the fine exceeds one fine, and after 2009.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too uneasible and deemed 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.