2. Where there is no change in the sentencing conditions compared to the judgment of the court below, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Circumstances the Prosecutor asserts as an element of sentencing in this court are already revealed in the hearing process of the lower court, and there is no particular change in circumstances regarding the matters subject to sentencing after the lower judgment was sentenced.

Examining the above circumstances and the Defendant’s blood alcohol concentration is difficult to be deemed to have high 0.079%, and the distance of driving is not about 20 meters, and in full view of the Defendant’s age, character and conduct, environment, motive and means of crime, results, etc., and all of the sentencing conditions and the records, such as the circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is unreasonable.

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.