The prosecutor's appeal is dismissed.

The gist of the reasons for the prosecutor's appeal is that the sentence (10 million won in penalty) imposed by the court below on the defendant is too unfasible and unfair.

Therefore, it is reasonable to respect the determination of sentencing in our criminal litigation law, which takes the principle of trial-oriented and directness, where there exists no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, as there is no particular change in the sentencing conditions compared to the lower court’s judgment, there is no particular change in the sentencing conditions, the reason and circumstances after drinking, degree of alcohol concentration in blood, distance of alcohol driving, Defendant’s punishment history due to drinking, and all other circumstances indicated in the arguments and records of this case, such as the Defendant’s age, sexual behavior, environment, etc., even if considering all the circumstances asserted by the prosecutor on the grounds of appeal, it is not recognized that the lower court’s punishment goes beyond the reasonable scope of discretion beyond the reasonable scope of discretion, even if all the circumstances alleged by the prosecutor on the grounds of appeal are considered.

Therefore, prosecutor's assertion is without merit.

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