Text
The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the summary of the grounds of appeal (a fine of 12 million won) is deemed to be too unhued and unfair.
2. Determination
A. According to the records, the court below imposed punishment in consideration of various sentencing reasons, such as the fact that the blood alcohol concentration is very high, the records of punishment for the same kind of crime are several times, the mistakes are divided and reflected, the degree of injury suffered by the victim is relatively minor, the victim does not want the punishment of the defendant, and there is no record of punishment exceeding the fine.
B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.
C. Therefore, the argument of unfair sentencing is without merit.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.