The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is unreasonable because the lower court’s punishment (two years of imprisonment, three years of suspended execution, forty hours of attending the law-abiding class, and forty hours of community service work) is too unhued;

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination in the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In the instant case, there is no particular change in the sentencing conditions compared to the original judgment (the defendant was subject to a recommendation from the company on March 2020, which is favorable to the defendant). In full view of all the circumstances indicated in the arguments and records of the instant case, including the background and circumstances of drinking alcohol, the degree of blood alcohol concentration, the defendant’s previous offense and age, etc., the sentence of the lower court is deemed to have exceeded the reasonable scope of discretion, and thus, it is not recognized that the sentence of the lower court 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 ground that it is without merit.