The prosecutor's appeal is dismissed.

1. The lower court’s sentence (4,000,000 won) against the Defendant on the gist of the prosecutor’s appeal is unreasonable as it is too unfasible.

2. The crime of this case is deemed to have driven a car while under the influence of alcohol by the Defendant, and the circumstances unfavorable to the Defendant, such as the heavy liability for the crime, are recognized in light of the substance of the crime.

However, it is reasonable to respect the determination of sentencing in our Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, where there exists no change in the conditions of sentencing compared to the first instance court, and the sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the above recognized defendant do not constitute a special change in circumstances that could change the sentence of the lower court after the sentence of the lower court was sentenced, and it does not seem unfair because the sentence of the lower court is too unscheduled, considering the following circumstances, such as the Defendant’s age, sexual behavior, environment, etc.

3. As such, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition. However, under Article 25(1) of the Regulation on Criminal Procedure, the phrase “the application of the Act and subordinate statutes” of the judgment below is corrected as “Articles 148-2(2)1 and 44(1) of the Road Traffic Act (the point of driving under the influence of alcohol),” and “the selection of fines,” of “the provision under Articles 148-2(2)2 and 44(1) of the Road Traffic Act,” and “the choice of fines,” respectively.