Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (a fine of seven million won) declared by the lower court is too unhued and unreasonable.
2. The judgment of the defendant has a record of being punished for the same crime, and the fact that the defendant caused a traffic accident while driving under the influence of alcohol in this case is disadvantageous to the defendant.
However, in full view of the following circumstances: (a) the Defendant reflects the crime; (b) the Defendant scrapped the instant vehicle and shows a mistake to refrain from driving under the influence of alcohol again; (c) both previous previous previous previous criminal convictions are punished by a fine; and (d) the case where the Defendant is sentenced to a suspended sentence or a heavier punishment, it appears that the period of sentence against the Defendant appears to have been determined at the present workplace, taking into account the aforementioned various circumstances into account; (d) there is no change of circumstances that may vary from the original judgment and the punishment; and (e) other circumstances that form the conditions for the argument and the sentencing indicated in the record of the instant case, including the Defendant’s age, character and behavior, and environment, the Prosecutor’s assertion is not acceptable since the sentence imposed
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.