The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (15 million won in penalty) is too unhued and unreasonable.

2. Under our criminal litigation law, which takes the principle of trial-oriented and directness, there exists no change in the conditions of sentencing compared to the first instance court, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance court’s sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, there is no change in the sentencing conditions compared to the lower court’s judgment. As such, there is no particular change in the sentencing conditions, the Defendant again committed the instant crime even though there was the history of driving alcohol, the degree of alcohol concentration in blood alcohol, the distance of driving alcohol, and the history of punishment twice due to driving alcohol, and the fact that the instant crime was committed again despite the fact that there was no previous conviction exceeding the fine, the fact that the driving vehicle was disposed of, and the Defendant’s age, character and environment, etc., the lower court’s punishment exceeded the reasonable scope of discretion.

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.