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The prosecutor's appeal is dismissed.
Reasons
The gist of the reasons for appeal by the prosecutor is that the punishment (three million won of fine) imposed by the court below is too unfasible and unfair.
Therefore, in full view of various circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, circumstances after the commission of the instant crime, etc., the Defendant’s mistake in depth is recognized, the disabled person is deemed to have a very difficult situation as well as economic difficulty, and the distance of drinking driving is not long, etc., as well as other circumstances, which are conditions for the argument and sentencing as indicated in the record of the instant case, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, as well as the circumstances after the commission of the instant crime, are considered, even considering all the circumstances alleged by the Prosecutor as reasons for appeal, it is not recognized that the Defendant
C. Therefore, prosecutor's assertion is without merit.
Therefore, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.