The prosecutor's appeal is dismissed.

The lower court’s sentence (amounting to KRW 8,00,000) against the Defendant in summary of the reasons for the prosecutor’s appeal is unreasonable because it is too unfasible.

Judgment

The crime of this case is deemed to have driven a cargo vehicle under the influence of alcohol, and the circumstances that the defendant committed the crime of this case while the defendant was punished for the same kind of crime are recognized as disadvantageous to the defendant, such as the fact that the defendant committed the crime of this case during the period of repeated crime.

However, it is reasonable to respect the sentencing of the Defendant where there is no change in the conditions of sentencing compared with the first instance court and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstance unfavorable to the recognized Defendant is that the lower court’s punishment does not fall under any special change in circumstances that could change the Defendant’s punishment after the pronouncement of the lower judgment, and that there is no record of punishment for the same kind of crime since 2013, and that there is no change in the conditions of sentencing in our criminal litigation law, which takes the trial-oriented principle and direct attention, and that there is no change in the conditions of sentencing compared with the first instance court, and that the sentencing of the first instance court does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).

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