The sentence of the lower court (7 million won of a fine) is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court 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). The fact that the Defendant was punished once due to drunk driving, and that blood alcohol concentration is high is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant led to the confession and reflect of the offense; (b) the period prior to the above drunk driving is 2010 years; and (c) there is no criminal history after being punished by a fine for an immigration offense in 2013; and (d) other various sentencing conditions, including the Defendant’s age, family relation, character and conduct, the details and details of the offense, driving distance, and the circumstances after the offense, it is difficult to deem that the lower court’s sentence is too unjustifiable because it goes beyond the scope of discretion, even if the Prosecutor considers the circumstances that the grounds for appeal are

3. Since the appeal by the prosecutor of the conclusion is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.