The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (6 million won in penalty) is too unhued and unreasonable.

2. In our criminal litigation law that takes the trial-oriented principle and the direct principle, where there exists no change in the conditions of sentencing compared to the first instance court, and the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Drinking driving is a crime that is highly likely to infringe not only on the life and property of the driver, but also on the life and property of others.

The Defendant, at the time of driving of the instant case, has a record of criminal punishment of a fine of KRW 1.5 million in around 2013 and a fine of KRW 2 million in around 2014, as a crime of violating the Road Traffic Act (driving of Drinking).

However, the defendant showed an attitude against the defendant to recognize the crime of this case, and again sold a vehicle driving as an indication that the defendant would not drive drinking.

Before committing the instant crime, the Defendant did not have any criminal record exceeding the fine.

In full view of the above circumstances and the Defendant’s age, sexual conduct, motive and background of the crime, means and method of the crime, and all the sentencing factors expressed in the instant records and the trial process, the sentence imposed by the lower court is not deemed to have exceeded the reasonable scope of discretion, or to be unfair because it is too unfeasible.

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.