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The prosecutor's appeal is dismissed.
Reasons
The summary of the reasons for appeal by the prosecutor is that the punishment (4 million won of fine) imposed by the court below is too unfasible and unfair.
Therefore, there is a need to strictly punish the police officer due to the very poor nature of the crime, such as neglecting the police officer's request for a proper drinking test even though the defendant was driven in the state of scambling, and neglecting the police officer's failure in the process.
However, in full view of all the circumstances alleged by the prosecutor as the grounds for appeal, it is not recognized that the sentence imposed by the court below is too unreasonable, even if considering all of the circumstances asserted by the prosecutor as the grounds for appeal, it is deemed that the defendant is too unreasonable to the extent that the sentence imposed by the court below is to be reversed, even if it is considered that the defendant is too unreasonable. The defendant has no power to commit such crime, the defendant has been declared bankrupt in an economically difficult state, and the defendant has been declared bankrupt in a very difficult state.
Therefore, prosecutor's assertion is without merit.
Therefore, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.