The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment, two years of suspended execution, and forty hours of order to attend a law enforcement lecture) is too uneasible and unfair.

2. Determination

A. In light of the fact that the Criminal Procedure Act of Korea, which takes the principle of trial-oriented and directness, has a unique area for sentencing determination in the first instance trial, and that there is no change in the conditions of sentencing compared to the first instance trial, 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) The Defendant was driving in the state of severe alcohol concentration of 0.144% in the blood transfusion, even though he/she had the history of being punished as a fine by driving two times within three years, even if he/she had been punished as a fine, and the nature of such crime is not good.

However, the above circumstances were already launched in the proceedings of the court below, and there was no special change in circumstances that could change the punishment of the court below after the decision of the court below was made, that there was a defendant's wrong recognition and reflects against the defendant, that there was no criminal record exceeding the fine of the defendant, and that there was no other criminal records against the defendant. In full view of the defendant's age, sex, criminal conduct, environment, family relationship, motive and circumstance of the crime, means and consequence, etc., the punishment of the court below is too uneasible 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.