The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered is too unfilled and unfair.

2. The appellate court’s judgment is reasonable to respect the sentencing condition in comparison with the first instance court where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.

The lower court’s sentencing appears to have been determined by fully considering the circumstances unfavorable to the Defendant (e.g., alcohol level of 0.211%, primary crimes, and heavy accidents) in favor of the Defendant. In light of all the grounds alleged by the Prosecutor, the lower court’s sentencing exceeded the reasonable scope of discretion because it was too unhued, even when considering all the grounds alleged by the Prosecutor.

It does not appear (see Supreme Court Decision 2015Do3260 Decided July 23, 2015). There is no special circumstance to change the sentencing after the judgment of the lower court.

In addition, examining the following conditions of sentencing, such as the Defendant’s age, sex, environment, background, circumstances after the commission of the crime, and history of the crime, etc., the lower court’s sentence against the Defendant is too uneasible and unreasonable.

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