The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the lower court (a fine of eight million won) is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Although the Defendant had a record of punishment for drunk driving in 2014, he/she again drives under the influence of alcohol, and the fact that he/she has a high blood alcohol concentration is disadvantageous.

However, in full view of the following factors: (a) the Defendant led to the confession and reflect of the crime; (b) the Defendant disposing of the vehicle and did not repeat again; (c) the Defendant did not have any criminal record other than the punishment by a fine for the same kind of crime as above; (d) the background leading up to the drunk driving; (b) the driving distance was not set at 300 meters; (c) the Defendant’s employment rules provide that the Defendant’s imprisonment without prison labor or heavier punishment has become final and conclusive; (d) the Defendant was subject to punishment exceeding the fine due to the instant crime; (e) the Defendant’s age, character and conduct, home environment, motive for the crime, and circumstances after the crime, etc.; and (e) taking into account the following factors, it is difficult to deem that the lower court’s punishment is unfair because it goes beyond the scope of discretion, even if the Prosecutor’s grounds for appeal are considered

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