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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 (3 million won in penalty) is too unhued and unreasonable.
2. Although the judgment of the court below has been made several times before driving under drinking, the defendant has a strong influence against his wrong driving, and only one year has been punished once in 2001 due to driving without a license, the reason why the crime of this case was committed, the circumstances after the crime of this case, the defendant's age, sexual behavior, environment, etc., and the various sentencing conditions as shown in the arguments of this case are considered as being too uneasible and unfair. 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.