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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 (7 million won in penalty) is too unhued and unreasonable.
2. The instant crime is an unfavorable circumstance to the Defendant, where the Defendant, while driving in a state where normal driving is difficult due to the influence of alcohol, and the quality of the instant crime is not that of causing bodily injury to the victim.
On the other hand, the circumstances favorable to the defendant include the fact that the defendant's mistake is recognized, the degree of injury to the victim is relatively minor, the vehicle driven by the defendant has been covered by the comprehensive motor vehicle insurance, and there is no criminal history for the defendant.
Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances before and after committing a crime, it is difficult to view that the lower court’s punishment is too uneasible 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.