2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). We examine in light of the foregoing legal doctrine.

The judgment below

There is no change of circumstances to consider the sentencing of the accused after the sentence.

Considering the unfavorable circumstances such as the Defendant’s blood alcohol concentration at 0.221%, the Defendant, along with favorable circumstances, such as the absence of any criminal record, and the fact that there was no criminal record, the various sentencing conditions and the reasons for sentencing of the lower judgment, even if considering all the circumstances alleged by the Prosecutor as the grounds for appeal, it cannot be deemed that the lower court’s sentence is unreasonable.

Therefore, the prosecutor's argument of unfair sentencing is not accepted.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.