2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In this case, there is no particular change in the sentencing conditions compared to the original judgment.

In addition, in full view of all the conditions of the pleadings and records of the instant crime, including the details and content of the instant crime, drinking volume (0.103%) of the Defendant, the same criminal records of the Defendant (one time, fine of KRW 3 million), and the circumstances after the instant crime, etc., the lower court’s sentencing that sentenced the Defendant to a fine of KRW 10 million is too unfasible and thus, is deemed to have exceeded the reasonable scope of discretion.

3. Accordingly, the prosecutor's appeal cannot be accepted, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.