The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of 12 million won) by the lower court is deemed to be too unhued and unfair.

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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Defendant had the record of having been punished three times for drunk driving in 2005, 2009, and 2016; Defendant did not engage in a repeated crime due to this type of crime, and was engaged in a drunk driving again without being a person; and that blood alcohol concentration is considerably high is disadvantageous to Defendant.

However, in full view of the following: (a) the Defendant led to the confession and reflect of the offense; and (b) the Defendant disposing of the vehicle and would not drive the vehicle again; and (c) the Defendant’s age, character, conduct, family relation, living environment, economic conditions, details and details of the offense, driving distance, and circumstances after the offense, etc. as shown in the lower court and the trial proceedings, it is deemed appropriate to give the Defendant an opportunity to move through the head of the fine by giving the Defendant an opportunity to move to the Defendant through the head of the fine only once when he gives a severe warning that there is no room for the prior offense; and (d) the sentencing of the lower court, which has sentenced the Defendant to a maximum amount of fine, does not seem to have

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