The prosecutor's appeal is dismissed.

1. The lower court’s sentence (10,000,000 won) 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 vehicle while under the influence of alcohol despite the fact that the defendant had been punished not less than twice due to the violation of the Road Traffic Act due to the driving of alcohol, and is deemed to have driven the vehicle under the influence of alcohol. In light of the content of the crime, the criminal liability is grave, and the defendant's blood alcohol concentration was high at the time of the crime.

However, it is reasonable to respect the determination of sentencing in our criminal litigation law, where there is no change in the conditions of sentencing in comparison with the first instance court, and the first instance judgment does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstance unfavorable to the defendant prior to the judgment of the lower court does not fall under a change in circumstances that could change the sentence of the lower court since the judgment of the lower court was rendered, as well as where the circumstances of the first instance judgment do not fall under a change in circumstances that could change the defendant's age, age, environment, etc.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.