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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (a fine of KRW 30 million) declared by the lower court is deemed to be too unhued and unfair.
2. It is reasonable to respect the sentencing conditions compared to the judgment of the first instance court, if there is no change in the sentencing conditions, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Although the Defendant was punished by a fine in 2009 and 2011 as a result of driving without a license and an accident after accident due to drinking driving, he/she was under the influence of driving twice a day during two times a day, and furthermore, he/she was under the influence of driving more than 0.1% of the blood alcohol level on two occasions, and the Defendant was under the influence of drinking alcohol level.
However, in full view of the following facts: (a) the Defendant’s mistake and depth are recognized; (b) the drinking driving power is relatively old; (c) the Defendant sold the vehicle owned by the Defendant and would not drive under the influence of alcohol again; (d) the victim of traffic accidents and the victim of traffic accidents have agreed smoothly; (c) the Defendant’s family members who are responsible for his livelihood wanted to have a preference against the Defendant; (d) there is no new circumstance to change the sentence of the lower court after the lower judgment; and (e) other various sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, character and conduct, environment, the circumstances, and circumstances after the instant crime, etc., the lower court’s sentencing is too unfeasible and it does not seem to have exceeded the reasonable scope of discretion.
The prosecutor's assertion is without merit.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.