The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended sentence, two years of community service, 240 hours of order to attend a lecture, 40 hours of education) of the lower court is deemed to be too unhued and unreasonable;

2. It is reasonable to respect the sentencing conditions compared to the judgment of the first instance court, if there is no change in the sentencing conditions, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court sentenced the above punishment by taking into account various sentencing conditions, including the following: (a) the Defendant was punished twice by a fine due to drinking alcohol driving; (b) the Defendant was under trial on January 2019 due to refusal to take measurements of drinking alcohol; and (c) the Defendant appears to have been under the influence of drinking; (d) the Defendant appears to have been under the influence of drinking in light of the fact that the Defendant was under the influence of drinking; (b) the Defendant recognized his mistake and scrapped his vehicle; (c) the occurrence of accidents due to driving under the influence of drinking; and (d) the Defendant did not have any history of being punished by a fine exceeding the fine; and (c) there were no special circumstances or changes in circumstances that may be newly considered in the sentencing after the sentence of the lower judgment.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, motive, background, means and consequence of the crime, and the circumstances after the crime, the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion, as it is too unfasible.

The prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.