The prosecutor's appeal is dismissed.

The court below's sentence (4,00,000 won) against the defendant in summary of the reasons for the prosecutor's appeal is unreasonable because it is too unfasible.

Judgment

The crime of this case is deemed to have driven a car while under the influence of alcohol even during the period of parole, and the circumstances unfavorable to the defendant, such as the fact that in light of the circumstances and contents of the crime, the liability for the crime is heavy, are recognized.

However, it is reasonable to respect the defendant's confession of the crime in this case and reflects his mistake in depth, that there is no record of the same crime against the defendant, that the family member of the defendant seems to clearly have a social relation with the defendant, such as the defendant's consent to the defendant's prior action, and that our criminal litigation law taking the trial-oriented principle and the direct principle has the unique area of the first deliberation as to the determination of sentencing, and that there is no change in the conditions of sentencing compared with the first trial and that the first trial sentencing does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the above recognized defendant do not fall under any special change in circumstances that can change the sentence of the court below after the sentence of the court below, and considering the circumstances that are the conditions of the sentencing as shown in the argument in this case, such as the defendant's age, sexual behavior, environment, etc., the sentence against the defendant is too unfair.

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