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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.
2. At the time of the instant crime, the Defendant’s blood alcohol content high at the time of the instant crime, and the Defendant has a history of having been sentenced to criminal punishment by committing the same kind of crime, etc. are disadvantageous grounds for sentencing.
However, in full view of the following circumstances: (a) the Defendant appears to have led to the confession and reflect of the instant crime; and (b) the Defendant’s age, character and conduct, environment, occupation, details and details leading to the instant crime; and (c) the circumstances leading to the sentencing conditions indicated in the records, such as the circumstances after the commission of the crime, the sentence of the lower court cannot be deemed to be unreasonable
Therefore, 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 on the ground that it is without merit. It is so decided as per Disposition.