The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unfluent and unreasonable.

2. Determination

A. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) The lower court, under the circumstances that the Defendant had already been punished for driving under the influence of alcohol and again was in an act of driving under the influence of alcohol without being aware of the fact that the Defendant had already been so under the influence of alcohol, was in a profoundly against his/her mistake, and determined a sentence against the Defendant, taking into account the favorable circumstances, such as the transfer of the vehicle to another person, and the fact that the Defendant did not have any other criminal record, other than the previous conviction, was determined.

(c)

Based on the above legal principles, there was no particular change in the above sentencing conditions compared with the court below, and the court below’s punishment exceeded the reasonable scope of discretion by taking into account the following factors: the defendant’s age, sexual conduct, health status, motive for the crime, and circumstances revealed in the proceedings of the instant case, including the defendant’s age, sexual behavior, health status, motive for the crime, etc.

It does not appear.

Therefore, prosecutor's argument cannot be accepted.

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