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The prosecutor's appeal is dismissed.
Reasons
1. The lower court’s sentence (4 million won in penalty) against the Defendant on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.
2. In light of the judgment, the Defendant’s act of committing the instant crime is disadvantageous to the Defendant, on the ground that: (a) the occurrence of serious accidents, such as the realization of the risks caused by heavy accidents while driving on an expressway with a high alcohol level of 0.156% in blood; (b) the occurrence of serious damage to the vehicle; and (c) the degree of violation of the laws and regulations is not easy.
However, the degree of injury of the victim due to the accident in this case is relatively minor, and the vehicle in this case is covered by a comprehensive motor vehicle insurance, and the defendant is the first offender and reflects his fault in depth, etc. In addition, comprehensively taking account of all the sentencing conditions of the argument in this case, including the defendant's age, sex, environment, background of the crime, circumstances after the crime, change of circumstances after the sentence of the lower judgment, etc., the sentence of the lower court seems to be within a reasonable and appropriate scope, and it cannot be deemed 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 it is without merit. It is so decided as per Disposition (Provided, That since it is evident that the content of the lower court's lower court's "the application of the law to 1. concurrent crimes" was omitted, "(within the scope of adding up the maximum amount of two crimes) ex officio pursuant to Article 25 (1) of the Regulation on Criminal Procedure" is changed to "(within the scope of adding up the maximum amount of two crimes, however, the lower court is in accordance with the punishment prescribed for the crime of violation of the Road Traffic Act)."