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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 (a fine of KRW 7,00,000) is too unhued and unreasonable.
2. On several occasions, the defendant was punished for the same kind of crime, and again commits the crime of this case within the period of suspension of execution, and the quality of such crime is poor;
However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects its depth; (b) the Defendant’s blood alcohol content reaches 0.056%; and and (c) other circumstances that form the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the instant crime, the lower court’s sentence is deemed unreasonable.
Therefore, the prosecutor's above assertion of unfair sentencing is without merit.
3. If so, the prosecutor's appeal 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.