The prosecutor's appeal is dismissed.

The court below's sentence (the imprisonment of eight months, the suspension of the execution of two years, the education order's driving and alcohol treatment lectures, the community service order's 40 hours, the community service order's 120 hours) against the defendant in summary of the prosecutor's appeal grounds is too unfasible and unfair.

Judgment

The crime of this case is deemed to have driven a car under the influence of alcohol by the defendant, and the circumstances unfavorable to the defendant are recognized, such as the fact that the responsibility for the crime is heavy in light of the circumstances of the crime and the details of the crime, and that the defendant has a variety of records of the same crime.

However, it is reasonable to respect the defendant's confession of the crime of this case and reflects his mistake in depth, the defendant has no record of criminal punishment exceeding the fine up to now, and the Korean Criminal Procedure Act, which adopts the principle of court-oriented trials and the principle of direct supervision, where there exists the unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first deliberation is not exceeded 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 judgment of the court below, and it does not seem unfair because the sentence of the court below against the defendant is too uneasible, considering the overall circumstances surrounding the sentencing specified in the arguments of this case, such as the defendant's age, sexual behavior, and environment.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.