The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won in penalty) is too unhued and unreasonable.

2. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the sentence of the first instance court falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not vary with the first instance court on the sole ground that the difference between the opinion of the appellate court and the opinion of the appellate court (Supreme Court Decision 2015Do3260 Decided July 23, 2015). The lower court, under the circumstances that the Defendant was sentenced to a suspended sentence for driving without a license and was sentenced to a suspended sentence for driving without a license and was sentenced to a fine for driving at around 208, taking into account the circumstances favorable to the Defendant, such as the fact that there is no record of being punished for driving under drinking after the Defendant was sentenced to a suspended sentence for driving under the influence of alcohol.

In addition to the above circumstances, comprehensively taking account of the fact that the driving distance of drinking in this case is relatively short of 100 meters, as well as the various circumstances that form the conditions for sentencing, such as the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the crime, the sentencing of the lower court is too uneasible and unfair.

Therefore, the prosecutor's ground of appeal cannot be accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.