The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The instant crime is doubtful whether the Defendant was sentenced to a fine of KRW 700,000 on May 19, 2018 due to a violation of the Road Traffic Act (unlicensed Driving) and subsequently committed the instant non-license or drunk driving, and thereafter, the Defendant was sentenced to a fine of KRW 700,00,00,000.

At the time, the blood alcohol concentration was considerably dangerous by 0.239%.

On the other hand, the defendant recognized all of the crimes of this case.

Before committing the instant crime, there is no record of punishment for drunk driving in Korea.

The distance of drinking driving is relatively short of 300 meters, and there was no personal damage accident due to the defendant's non-license or drinking driving.

In full view of the circumstances unfavorable or favorable to the defendant, there are no special circumstances or changes in circumstances that may be newly considered in sentencing in the trial, and other factors of sentencing as indicated in the arguments and records of this case, including the age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime, it is not deemed that the sentence imposed by the court below exceeded the reasonable scope of discretion because the sentence imposed by the court below is too uneasible.

The prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal 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.