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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 (6 million won in penalty) is too unhued and unreasonable.
2. The defendant, while driving a drinking alcohol, caused an accident and thus, the risk of drinking driving was realized.
In addition, one defendant has been sentenced to a fine due to drinking driving in 2007.
This is disadvantageous to the defendant.
On the other hand, the defendant reflects his fault in depth, and there is no history of criminal punishment after the previous conviction.
Defendant
Vehicles are covered by the comprehensive automobile insurance, and the degree of injury to the victim is relatively weak.
This is the circumstances favorable to the defendant.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too uneasible and deemed unfair, and thus, the Prosecutor’s 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 the appeal is without merit. It is so decided as per Disposition.