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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 (two million won in penalty) is too unhued and unreasonable.
2. The defendant's records of punishment for the same kind of crime or the crime of drinking are disadvantageous to the defendant.
On the other hand, the fact that the defendant recognizes his mistake and is against himself, that the defendant would not repeat the same kind of crime again while disposing of the vehicle operated by the defendant, that there is a family member to support, that there is no criminal record beyond the fine, etc. are favorable to the defendant.
Considering all of the above circumstances and other conditions of sentencing under Article 51 of the Criminal Act, it is difficult to deem that the lower court’s punishment is too unfasible and unfair.
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.