The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of seven million won) declared by the court below is too unhued and unreasonable.

2. 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant’s act of driving under drinking is an unfavorable condition to the Defendant, even though he/she had a history of punishment for driving under the influence of alcohol.

However, comprehensively taking account of the following factors: (a) the Defendant recognized his mistake and reflects; (b) the Defendant did not have any specific penal power other than those subject to punishment once due to drunk driving; and (c) the Defendant’s age, character and conduct, background of the crime, blood alcohol level, driving distance, and circumstances after the crime, etc., the sentencing of the lower court appears to have been conducted within the reasonable scope of discretion by comprehensively taking into account all the sentencing conditions specified in the present pleadings; and (c) there was no special change in circumstances that could change the sentencing of the lower court, and thus, it cannot be deemed that the sentence of the lower court is unreasonable because it is too una

Therefore, the prosecutor's above assertion is without merit.

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