The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a two-year suspended sentence for one year of imprisonment, probation, and an order to attend a law-abiding class for 40 hours) that the court below sentenced is too uncomfortable 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court sentenced the Defendant to the above normal punishment by taking into account the following circumstances: (a) the Defendant committed the instant crime at the time when the Defendant’s driver’s license was revoked on July 22, 2019; (b) the Defendant committed the instant crime at the time when she committed the instant crime on the grounds that he/she committed the instant crime, including the fact that he/she would not repeat the crime; and (c) there was no record of punishment exceeding the fine; (d) the Defendant was punished for a violation of the Road Traffic Act (unlicensed Driving) in 201; and (e) once again committed the instant crime in 2019; and (e) the Defendant committed the instant crime at the time when he/she committed the instant crime on the grounds that he/she committed the instant crime, which led to the Defendant’s blood alcohol concentration higher than 0.091%; and (e) the Defendant caused a traffic accident and physical damage to another person.

Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the court below, and comprehensively taking account of the defendant's age, occupation, reputation, character and conduct, health and property status, family relationship and social ties, and the motive, circumstance, means and consequence of the instant crime, etc., the sentencing of the court below is not deemed unfair because it goes beyond the reasonable scope of discretion, and is too unreasonable.

Thus, the prosecutor's appeal is without merit and Article 364 of the Criminal Procedure Act.