The prosecutor's appeal is dismissed.

The court below's sentence (the imprisonment of eight months, the suspension of the execution of two years, the education order's driving and alcohol treatment lectures, the community service order's 40 hours, the community service order's 120 hours) against the defendant in summary of the prosecutor's appeal grounds is too unfasible and unfair.

Judgment

The crime of this case is deemed to have driven a stack while under the influence of alcohol by the defendant, and the circumstances unfavorable to the defendant are recognized, such as the heavy liability for the crime in light of the circumstances and details of the crime, and the fact that the defendant has a variety of records of the same crime.

However, it is reasonable to respect the Defendant’s confession of the instant crime in cases where 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 (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court’s unfavorable circumstances against the Defendant do not constitute changes in circumstances that could change the type of punishment of the lower court since the lower court’s decision was rendered, and thus, the Defendant was able to drive a substitute vehicle in the apartment complex. The distance of the Defendant’s driving is relatively short, and the Defendant’s driving is relatively short, in our criminal litigation law that takes the trial-oriented principle and the direct principle, there is no change in the conditions of sentencing and the first instance sentencing does not change in the conditions of sentencing compared to the first instance court’s judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).

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.