The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant caused a traffic accident at the time of the crime of refusing to measure the drinking of this case, and thereafter, the crime is not good, such as drinking at home and drinking again, and the defendant attempts to avoid the crackdown of drinking, etc., and thus, the punishment of the court below (hereinafter referred to as a fine of KRW 10 million) is too uneased and unfair.

2. Determination on the grounds for appeal

A. Since the current Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area in the sentencing determination, it is reasonable to respect the sentencing determination in cases where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

The circumstances alleged by the prosecutor as an element of sentencing unfavorable to the defendant in the grounds of appeal are deemed to have been sufficiently considered in the original court’s determination of the sentence, and there are no new additional circumstances to change the sentence of the original court in the original court’s trial. In light of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the lower court is too unjustifiable.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.