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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 (six months of imprisonment, one year of suspended execution, and forty hours of order to attend a compliance driving) is too uneased and unreasonable.
2. The crime of this case is considered to be disadvantageous to the Defendant, on the following grounds: (a) the Defendant driven while under the influence of alcohol and resulting in a traffic accident, resulting in injury to the victim; and (b) the nature of the crime is not weak; and (c) the Defendant’s blood alcohol concentration at the time of this case is relatively high.
On the other hand, the fact that the defendant's mistake is against the defendant, there is no particular penalty power, the victim's injury is relatively minor, and the vehicle of the defendant is covered by the comprehensive automobile insurance is favorable to the defendant.
When comprehensively considering the above circumstances and the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime as indicated in the record and the changes in the records of this case, it is difficult to view the lower court’s punishment as too unfortunate and unfair.
Therefore, the prosecutor's above 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.