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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 penalty of KRW 12 million (a fine of KRW 12 million) is too unhued and unreasonable.
2. The judged motor vehicle is driving.
In addition, the Defendant committed the instant crime without being sentenced to imprisonment with prison labor for one year and six months in the Gwangju District Court on October 7, 2016 and the judgment was finalized on September 7, 2017) during the period of suspension of execution (the Defendant committed the instant crime without being sentenced to a suspended sentence of two years in the Act on the Punishment of Violences, etc. (Organization and Activity of Organizations, etc.) and without being sentenced to a suspended sentence of two years on September 7, 2017), and the victim’s age cannot be deemed to be less and less in light of the victim’s age, etc.
On the other hand, the fact that the defendant reflects his mistake, the defendant's driver's vehicle is being covered by a comprehensive motor vehicle insurance, and the victim expresses his/her intention not to punish the defendant, the above suspended execution decision against the defendant is not caused by the same crime, but is not caused by the same crime, the defendant has no history of punishment for traffic-related crimes, the defendant choice of imprisonment with labor due to punishment against the defendant, and eventually, the loss of the effect of the suspended execution sentence is somewhat harsh.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, it is not recognized that the lower court’s punishment is too unjustifiable, and thus, the Prosecutor’s assertion is without merit.
3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.