The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., a fine of KRW 10 million) imposed by the lower court on the Defendant is too uneased 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). In light of the following: (a) there is no change in circumstances that may consider the sentencing after the lower judgment; (b) there is a considerable interval between the Defendant’s previous violation of the Road Traffic Act (driving) and the driving of drinking alcohol in this case; and (c) various sentencing conditions indicated in the records and pleadings, such as the fact that there is a considerable interval of time between the Defendant’s previous violation of the Road Traffic Act (driving) and the instant driving under the influence of drinking water

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.