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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) of the lower court is too unfilled and unreasonable.
2. The crime of this case was committed under the influence of alcohol level of 0.186% by the Defendant, while driving on the side while under the influence of alcohol level of 0.186%, and the Defendant immediately stops and does not take any measures such as aiding and abetting the victim, etc., and thus, the nature of the crime is not good. The Defendant already has the record of criminal punishment of fines for the same kind of crime. On October 16, 2015, the former District Court sentenced the Defendant for six months to imprisonment with prison labor for a crime of fraud, etc. and completed the execution of the sentence, and subsequently commits the crime of this case during the repeated crime period, and the drinking driving may cause serious danger and injury to the life and property of others. Thus, the Defendant requires strict punishment.
On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake in depth, that the degree of injury suffered by the victim is relatively minor, that the defendant voluntarily surrendered to investigation agencies after about 50 minutes from the crime of this case, that the victim does not want the punishment of the defendant, and that the defendant's wife want the punishment of the defendant by mutual consent with the victim and that the defendant's wife wanted the defendant's wife to be blickly.
In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.
3. In conclusion, 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.