The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too uneasy and unreasonable.

2. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared with the first instance court, if the first instance court did not change the conditions of sentencing, and if the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance court falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not differ from the first instance court by destroying the first instance judgment solely on the ground that the difference between the opinion of the appellate court and the opinion of the appellate court (Supreme Court Decision 2015Do3260 Decided July 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the lower court, since new materials were not submitted in the trial, and in full view of the reasons for sentencing as stated in the lower court’s reasoning and the reasons for sentencing in this case’s records and arguments, it is not recognized that the sentencing of the lower court exceeded the reasonable scope of discretion.

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, and it is so decided as per Disposition (Article 25 (1) of the Rules on Criminal Procedure; however, the court below's decision pursuant to Article 25 (1) of the Rules on Criminal Procedure and Article 25 (2) of the Rules on Criminal Procedure and Article 25 (3) of the "the fact that there is no record of punishment for drinking prior to the judgment of the above suspended sentence" shall be corrected as "the fact that there is no record of punishment for drinking