2. The judgment below seems to have sentenced the above punishment by taking into account the circumstances of the instant crime, the blood alcohol concentration (0.073%) and the criminal records (a separate crime committed during the period of suspension of imprisonment).

In light of the following circumstances: (a) multiple sentencing grounds recognized by the lower court and the Defendant were punished as a fine of one million won due to drinking alcohol in 2016, and there were no criminal records of the same kind; (b) the Defendant’s age, career, sex, criminal conduct, environment, family relationship, motive and circumstances of the crime, means and consequence of the crime; (c) circumstances after the crime; and (d) other circumstances that are known by the record; and (d) there were no special circumstances or changes in circumstances that make it possible for the lower court to change the sentence against the Defendant, the lower court’s sentencing is appropriate, and the lower court

shall not be deemed to exist.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.