The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., a fine of eight million won) imposed by the lower court is too uneased and unreasonable.

2. It is reasonable to respect the sentencing conditions compared to the judgment of the first instance court, if there is no change in the sentencing conditions, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, it is reasonable to criticize that the Defendant once again committed the same kind of crime despite the fact that he/she had been punished by a fine for the same kind of crime in 2019.

However, there is a fact that the Defendant said that he would not repeat the crime, and that the drinking alcohol level at the time of the pertinent drunk driving is not high to 0.075%, and that there is no new circumstance to change the sentence of the original court in the trial at the same time, and there is no other new circumstance to change the sentence of the original court. In addition, even if considering all of the sentencing conditions stated in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, the sentencing of the original court is too uneasible and it does not seem to have exceeded the reasonable scope of

The prosecutor's assertion is without merit.

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