The prosecutor's appeal is dismissed.

1. The lower court’s sentence (5,000,000 won) against the Defendant on the gist of the prosecutor’s appeal is unreasonable because it is too unfasible.

2. The judgment of the court below is that the Defendant driven a car while under the influence of alcohol, and the circumstances unfavorable to the Defendant are recognized, such as the fact that the Defendant’s liability was heavy in light of the content of the crime, and that the alcohol concentration level at the time of blood was high.

However, it is reasonable to respect the defendant's confession of the crime of this case and reflects his mistake in depth, that the defendant is the first offender who has no record of criminal punishment so far, and that our Criminal Procedure Act, which takes the principle of court-oriented trials and the principle of direct supervision, has the unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the defendant recognized earlier do not constitute a special change in circumstances that could change the sentence of the court below after the pronouncement of the judgment of the court below, and do not seem to be unfair because the defendant's punishment of the defendant is too unscheduled, considering the circumstances that are the conditions of sentencing specified in the argument of this case, such as the defendant's age, character, and environment, etc.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.