The prosecutor's appeal is dismissed.

1. The lower court’s sentence (5,000,000 won) against the Defendant on the gist of the prosecutor’s appeal is unreasonable because it is too unfasible.

2. The judgment of the court below is that the Defendant driven a car while under the influence of alcohol, and the Defendant committed the instant crime without being aware of it during the period of suspension of execution due to the Defendant’s violation of the Narcotics Control Act (marijuana) and then committed the instant crime, such as the fact that the Defendant driven a car while under the influence of alcohol, with heavy liability in light of the content of the crime, and with high alcohol level during blood during the period of suspension of execution.

However, it is reasonable to respect the determination of sentencing in our Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, where the first instance court has no change in the conditions of sentencing compared to the first instance court and the first instance court does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the recognized defendant do not fall under any special change in circumstances that could change the sentence of the lower court after the pronouncement of the judgment of the lower court, and it does not seem unfair by taking into account the following two circumstances: (a) the defendant's age, sexual behavior, and environment, which are the conditions for the sentencing specified in the argument of this case, are too unabunded.

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.