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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 (amounting to five million won) is too uneasy and unreasonable.
2. The fact that the victim was injured by a traffic accident while under the influence of alcohol 0.151% during the judgment blood is very unfavorable to the defendant.
However, even though the defendant had been sentenced to a fine of one million won due to a violation of the Road Traffic Act in around 1997, he has been sentenced to a fine of 20 million won, he has been sentenced to the past after the lapse of 20 years, and only some other criminal records have been subject to a fine, and the victim has relatively minor and expressed his intention not to punish.
In full view of the following circumstances in light of the Defendant’s age, sex, environment, health status, family relationship, motive, means, and consequence of the crime, etc., it is difficult to view that the lower court’s sentence against the Defendant is too uneasy and unfair as it goes beyond the scope of sentencing discretion.
Therefore, the prosecutor's improper argument of sentencing is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.