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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.
2. The crime of this case is a situation unfavorable to the Defendant, where the Defendant driven a vehicle while under the influence of alcohol 0.19% without a driver’s license, and the quality of the crime is not less than that of the Defendant’s blood, and the Defendant’s blood alcohol concentration level was considerably high by 0.19% at the time of detection.
On the other hand, the defendant has no record of criminal punishment before, the fact that the defendant recognized the crime of this case and reflects the mistake, and the defendant would not repeat such mistake again.
It is hard to say that it is favorable to the defendant.
In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s 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.