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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal (two years of suspended sentence in August) of the lower court is deemed to be too unhued and unfair.
2. According to the circumstances such as the fact that the defendant's blood alcohol concentration level was very high, the injury suffered by the victim is not less than that of the victim, and the defendant has a record of punishment several times for the same kind of crime, it is reasonable to place the defendant with severe punishment.
However, it is also recognized that there are favorable circumstances such as the rapid speed of driving at the time and the location of the accident was back, the defendant was committed in all the crimes of this case, the defendant's comprehensive insurance is subscribed to the vehicle of this case, the victim seems to have recovered to a certain extent, and the defendant has no criminal power to punish more than a suspended sentence.
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.