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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.
2. In full view of various circumstances, including the Defendant’s age, character and behavior, environment, family relationship, etc., and the fact that the Defendant again committed the instant crime even though he/she had the history of punishment several times, and that the Defendant’s blood alcohol concentration is relatively high, etc., which are disadvantageous to the Defendant, the Defendant’s acknowledgement of the Defendant’s crime and reflects the Defendant’s violation, the fact that there was no record of punishment exceeding the fine, the Defendant support his/her family including his/her married children, and that he/she does not repeat the instant crime, such as disposal of the vehicle, etc., the Defendant’s age, character and behavior, family relationship, etc., and other circumstances, which are the conditions for the sentencing specified in the instant case,
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.