The prosecutor's appeal is dismissed.

1. The lower court’s sentence (7 million won in penalty) against the Defendant as to the summary of the grounds for appeal is deemed unreasonable.

2. In cases where there is no change in the conditions of sentencing compared to the first instance court’s determination on the grounds for appeal, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, on the grounds stated in its reasoning, sentenced the Defendant to the said sentence.

All of the circumstances pointed out by the prosecutor in the grounds of appeal, including the fact that the defendant had the records of the same kind of crime twice, the high alcohol concentration among the blood of this case, and the occurrence of the crime of this case during the period of suspended execution due to the crime of this case, etc., are all the circumstances that the court below has already considered or was removed from the court below in determining the punishment.

In addition, even if the court below's sentencing conditions as shown in the argument of this case, such as the character, conduct, family economic circumstances, and circumstances after the crime, are examined, the judgment of the court below exceeded the reasonable scope of discretion.

It is difficult to evaluate.

Therefore, prosecutor's assertion is without merit.

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