The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment of KRW 10 million (a fine of KRW 10 million) is too unhued and unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination in the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing 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). In light of the foregoing legal doctrine, there was no change in the conditions of sentencing compared to the lower court’s given that there was no particular submission of new sentencing data in the health class and the trial. There was no change in the conditions of sentencing compared to the lower court’s judgment. There was no criminal punishment for about six years (in particular, until the Defendant was under a summary order issued in the year 2013 due to drinking driving. In this case, in full view of the grounds for sentencing revealed in the proceedings of the instant case, it cannot be deemed that the lower court exceeded the reasonable scope of discretion because the sentencing of the lower court was too fluencing so far as the Defendant was under the influence of drinking, even though the Defendant requested a proxy engineer by phone to the company on behalf of the Defendant, and was under the influence of a proxy engineer, and there were some circumstances considering the circumstance.

Therefore, prosecutor's assertion is without merit.

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