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The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (two years of suspended execution in the imprisonment of eight months and forty hours of compliance driving) is deemed to be too uneasy and unfair.
2. The driving of a board is highly likely to cause a traffic accident in violation of the signal, which causes an injury to a victim, which is not yet taken by the injured party, the vehicle operated by the accused may cause a large amount of damage to human life, and there is a high degree of criticism in that the defendant has already been punished for driving under drinking, because of the fact that the defendant caused a traffic accident in violation of the signal.
However, in full view of the following: (a) the Defendant was committing a crime while committing a crime; (b) the degree of the injury suffered by the victim is not serious; (c) the harming vehicle is subscribed to the bus mutual aid association; (d) the Defendant was discovered while driving the vehicle immediately after drinking the immediately preceding drinking; (c) the Defendant was discovered while driving the vehicle without delay under the influence of drinking; and (d) there are some circumstances to be taken into account in the course of committing a crime; and (e) other factors of sentencing as shown in the records and arguments, such as the Defendant’s age, sex, environment, occupation, and circumstances after committing a crime, etc., the lower court’s punishment is too unjustifiable and is not deemed unfair.
3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.