The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal is that the crime of this case is committed in the course of driving under the influence of alcohol by the defendant, and is very serious, and thus, it is inevitable to severely punish the defendant. In light of the above, the punishment of the court below (a fine of eight million won) is too uneased and unfair.

2. Since the current Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, 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). Even when considering the circumstances alleged by the prosecutor as an element of sentencing unfavorable to the defendant in the grounds of appeal in light of the following factors, the lower court’s sentence is deemed appropriate and is too unreasonable, in light of the following factors: (a) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime at the investigation stage; (b) the circumstances after the crime; and (c) the circumstances where new sentencing materials that may change the sentence of the lower court were not added in the trial.

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.