The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended execution in the imprisonment of eight months and forty hours of compliance driving) is deemed to be too uneasy and unfair.

2. The judgment of the defendant has already been sentenced to a fine of one million won due to a violation of the Road Traffic Act in 2003, a fine of two million won due to a violation of the Road Traffic Act in 2004, a violation of the Road Traffic Act in 2004, and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 2012 (a escape vehicle) and a violation of the Road Traffic Act in 2012, despite the fact that the defendant had been sentenced to a punishment of two years of suspended execution in 8 months, there is a large degree of criticism in that he has committed the instant crime in the state of high level of 0.157% alcohol level during the 2003, while committing the instant crime.

However, in light of the following: (a) the Defendant is recognized as committing an offense; (b) the Defendant has no previous conviction; (c) the Defendant has been punished for drinking and driving without a license; (d) the lapse of ten years from the time of the last punishment; and (e) the sentencing conditions indicated in the records, such as the Defendant’s age, sexual behavior, environment, occupation, and circumstances after the commission of the offense; and (e) the sentencing conditions indicated in the first instance court compared with those in the first instance trial are not changed; and (e) the first instance sentencing does not exceed the reasonable scope of discretion, it is reasonable to respect the sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).

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.