The prosecutor's appeal is dismissed.

1. The lower court’s sentence (amounting to KRW 8,00,000) against the Defendant on the gist of the prosecutor’s appeal is unreasonable as it is too unfasible.

2. The crime of this case, based on the judgment, is deemed to have driven a motor vehicle under the influence of alcohol even though the defendant had been punished twice or more due to the violation of the Road Traffic Act due to the driving of alcohol, and the circumstances unfavorable to the defendant, such as the fact that in light of the content of the crime, the responsibility for the crime is grave, and the blood alcohol concentration level at the time of the defendant, are high.

However, it is reasonable to respect the defendant's confession of the crime in this case and reflects his mistake in depth, the distance of the defendant's driving is relatively short, and our Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, where there exists no change in the conditions of sentencing compared to the first instance court's judgment, and the sentencing in the first instance does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the defendant, which were recognized above, do not constitute a special change in circumstances that could change the sentence of the court below after the sentence of the court below was sentenced, and it does not seem that the sentence of the court below against the defendant is unfair because it is too unfeasible, considering all the circumstances surrounding the sentencing specified in the arguments in this case, such as the defendant's age, sexual behavior, environment, etc.

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.