The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (7 million won of a fine) is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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). Although the blood alcohol content at the time of driving was relatively high to 0.169%, the Defendant’s primary crime and the victim’s injury is minor, and there is no special circumstance to change the sentencing after the lower judgment, and in light of all the sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and circumstances after the instant crime, the sentence imposed by the lower court is deemed appropriate and it is deemed unfair, so 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.

(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the second part of the judgment of the court below shall be corrected ex officio as the modification of the Lao “Es” to “Syunta” in the 7th sentence.