The prosecutor's appeal is dismissed.

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to 6 million won) is too 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant was punished by a fine on two occasions due to drinking driving in the past, and the Defendant was driving a motor vehicle with a alcohol level of 0.122% in blood alcohol level while driving a motor vehicle without good cause even though it was during the period of probation due to a violation of the Electronic Financial Transactions Act.

In addition, there is a history of punishment several times including imprisonment with prison labor due to violence.

However, the defendant should not repeat the crime in his depth, and above all, he is trying to create a safe living environment for his father and son who has been entrusted to the Infant Care Center after the divorce.

The court below sentenced the above punishment against the defendant in consideration of the above favorable or unfavorable circumstances to the defendant.

In addition, even if the materials submitted in the trial of the party are considered, there is no meaningful change in the conditions of sentencing compared with the court below.

In addition, considering the Defendant’s age, sex, intelligence and environment, health and property status, family relation and social ties, motive, means and consequence of the crime, etc., the sentencing of the lower court does not seem to be unfair as it goes beyond the reasonable scope of discretion, and it does not seem to be unfair as it goes beyond the reasonable scope of discretion.

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