The prosecutor's appeal is dismissed.

1. The lower court’s sentence (ten months of imprisonment and two years of suspended sentence) is deemed to be too unhued and unfair.

2. Determination

A. According to the Korean Criminal Procedure Act, which takes the principle of trial-oriented and directness, there exists an area unique to the first deliberation on sentencing in light of the fact that the sentencing exists in the appellate court’s ex post facto character, etc., it is reasonable to respect the first instance judgment in a case where there is no change in the conditions of sentencing compared to the first instance judgment, and the first instance judgment does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). (b) When the Defendant was found while driving a vehicle without a driver’s license while drunk, he/she was exposed to the investigation agency by means of the electronic records investigation of the private document while illegally using another person’s resident number. It is recognized that the nature of each of the crimes of this case is not good, that the alcohol concentration of the Defendant’s blood does not change to the degree of driving, and that the Defendant’s records that he/she can be punished as a drinking and a non-driving driver’s license can be recognized.

However, the above circumstances were already launched during the oral argument of the lower court, and there was no special change in circumstances that could change the sentence of the lower court after the pronouncement of the lower judgment, and the Defendant returned to the investigative agency after having committed each of the instant crimes, and the Defendant voluntarily surrenders himself after returning home after having committed the instant crimes. The fact that there was no record of punishment exceeding a fine due to drinking and driving without a license, and that there was no record of punishment exceeding the fine due to the Defendant’s age, sexual behavior, environment, family relationship, motive, circumstance, means, and consequence of the instant crime, and other various sentencing conditions as shown in the records and arguments, such as the circumstances after the crime, do not seem to be unfair due to excessive punishment of the lower court.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the Prosecutor’s appeal is without merit, and thus, the Criminal Procedure Act is applicable.