The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.

2. Determination

A. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the principle of directness exists in the area unique to the first instance in the determination of sentencing, and the fact that there is no change in the conditions of sentencing compared to the first instance court, and that the first instance judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance judgment (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) It is recognized that the Defendant’s blood alcohol concentration at 0.123% of the Defendant’s blood alcohol concentration at 0.123%, and that there is a history of punishment for the same kind of crime.

However, the above circumstances were already launched in the oral proceedings of the court below, and there is no special change in circumstances that could change the sentence of the court below after the decision of the court below was made, the defendant recognized a mistake and reflects the defendant, there is no record of punishment exceeding the fine, the defendant supports a spouse who is not good in an economic situation, and other various sentencing conditions as shown in the records and arguments of this case, including the defendant's age, sexual conduct, environment, means and consequence of the crime, and the circumstances after the crime, are considered as a whole. It does not seem that the sentence of the court below is too unjustifiable and unfair.

Therefore, prosecutor's assertion is not 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.