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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 (five million won in penalty) is too unhued and unreasonable.
2. In 2013 and 2015, the Defendant, even though having been punished for driving under drinking in the same kind of crime, was driving under the influence of alcohol, and caused the instant traffic accident and caused two casualties.
However, in full view of the facts charged by the Defendant, the degree of injury suffered by the victims is relatively minor, and the victims are not subject to punishment by agreement with the victims, and the crime of this case is a criminal offense committed before and after the final judgment of the court below and a single concurrent offense relationship under Article 37 of the Criminal Act, the principle of equity with the case to be judged at the same time, and all the sentencing conditions indicated in the records, including the Defendant’s age, sex, environment, circumstances leading to the crime, and circumstances after the crime, etc., the sentence of the court below is not deemed unfair.
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.