Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable as the lower court’s punishment (eight million won by fine) is too unhued.
2. Determination: (a) the Defendant was punished for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents around September 2002; (b) around August 2004; (c) around May 2007; and (d) around October 2009; (b) the Defendant’s blood alcohol concentration at the time of the instant traffic accident; (c) the victims and victims of the instant traffic accident; (d) the personal damage caused by the instant traffic accident is relatively minor; (c) the Defendant’s vehicle is relatively minor; (d) the Defendant’s vehicle is covered by the automobile comprehensive insurance; (e) there is no other criminal history other than the aforementioned previous offense; and (e) there is no other criminal history beyond the fine; and (e) there is no other career history of punishment exceeding the fine; and (e) the Defendant’s age, character and conduct, the background, means and consequence of the instant crime; and (e) the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unreasonable to be too unreasonable.
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.