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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. At the time of the instant judgment, the Defendant’s blood alcohol concentration is relatively high is disadvantageous to the Defendant.
However, it is difficult to see that the lower court’s punishment is too uneasible and unfair, in full view of the following: (a) the fact that the Defendant recognized his mistake and is against it; (b) the Defendant did not have any history of being punished for a violation of road traffic laws in addition to the punishment of a fine in 2012; (c) there was no history of criminal punishment exceeding the fine; and (d) the Defendant’s age, sex,
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 the appeal is without merit. It is so decided as per Disposition.