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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (one year and two months of imprisonment, two years of suspended sentence, probation, 120 hours of community service order, 40 hours of order to attend a compliance driving lecture, and 40 hours of order to attend a compliance driving lecture) is too unhu
2. The judgment-free driving is a very dangerous crime that may cause unexpected behaviors to the life and home of others by raising the possibility of traffic accidents, and thus, is in need of strict punishment. The defendant is driving in the state of alcohol concentration of 0.134%.
The defendant has a strong atmosphere for signal.
A fine of KRW 70,00,000 for a violation of the Road Traffic Act, including a violation of the Road Traffic Act, shall be imposed at the Seoul Central District Court on June 18, 1997; ② a fine of KRW 100,000 for a violation of the Road Traffic Act; ④ a fine of KRW 700,000 for a violation of the Road Traffic Act at the Jeonju District Court on March 10, 199; and ④ a fine of KRW 70,000 for a violation of the Road Traffic Act (a fine of KRW 30,000 for a violation of the Road Traffic Act) to the same court on April 6, 2005; ⑤ a fine of KRW 30,000 for a violation of the Road Traffic Act (a fine of KRW 200,000 for a violation of the Road Traffic Act) and a violation of the Road Traffic Act (a fine of KRW 200,000 for a violation of the Road Traffic Act) to the court on September 1, 20005.
However, the defendant's criminal act is divided and reflected, and the degree of injury of the victim is not relatively much severe, and it is based on comprehensive insurance (Evidence Record No. 73) to which the defendant has joined.