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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (a fine of eight million won) pronounced by the lower court is deemed unhued and unreasonable.
2. Where there is no change in the sentencing conditions compared to the judgment of the court below, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Circumstances a prosecutor asserts as an element of sentencing in this court were already revealed in the hearing process of the lower court. There is no particular change in the situation in the sentencing guidelines and the matters subject to the conditions of sentencing after the pronouncement of the lower judgment.
In addition to the above circumstances, considering the circumstances that led to the Defendant to commit the instant crime, the distance of drunk driving is more than 30 meters, and in full view of the Defendant’s age, character and conduct, environment, motive and means of committing the instant crime, as well as all of the sentencing conditions as shown in the present arguments and records, such as the circumstances after committing the instant crime, it is difficult to deem that the sentence imposed by the lower court is unreasonable.
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 as it is without merit. It is so decided as per Disposition.