The prosecutor's appeal is dismissed.

1. The lower court’s sentence (one year of imprisonment with prison labor for six months and one year of suspended execution, order of compliance driving and alcohol treatment lectures, and 40 hours of each community service order) against the Defendant based on the gist of the prosecutor’s appeal is too unfasible and unreasonable.

2. The crime of this case, based on the judgment, is found to have been disadvantageous to the defendant, even though the defendant had been punished twice or more due to the violation of the Road Traffic Act due to drinking driving, and is deemed to drive a motor vehicle while under the influence of alcohol. In light of the content of the crime, the criminal liability is grave, and the number of alcohol concentration in blood was high at the time of the defendant.

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 lower court’s unfavorable circumstances against the Defendant do not constitute changes in circumstances that could change the circumstances of the lower court’s punishment after the pronouncement of the judgment of the lower court, and the Defendant’s age and the first instance court’s environment, etc. do not seem to be too unfair, considering the following circumstances: (a) the Defendant’s confession of the instant crime was committed; (b) the Defendant suffers from depression, etc. and lives as a basic recipient of daily life; (c) the Defendant’s two-time previous years of a fine for drinking alcohol was sentenced in 2009 and 2016; and (d) the Defendant’s two times of a fine was punished for the same kind of crime; and (d) the Defendant’s two times of the instant sentencing.

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 ordered as per Disposition.