The prosecutor's appeal is dismissed.

1. The decision of the court below on the summary of the grounds for appeal (16 million won in penalty) is too unfluent and unreasonable.

2. Determination

A. According to the records, the court below did not drive alcohol again, such as the fact that blood alcohol concentration is considerably high, that the crime of this case was committed at the same time during the period of suspension of execution, that the mistake is pened and reflected, that the vehicle is scrapped, and that the vehicle is treated for drinking purposes.

The punishment was determined in consideration of various reasons for sentencing, such as the fact that there is a history of punishment for the same kind of crime, but a long-term criminal record for a fine, health condition, etc.

B. Although there is no change in the conditions of sentencing compared with the original judgment because a new sentencing data was not submitted in the trial at the original court, and considering the various reasons for sentencing revealed in the oral proceedings, the sentencing of the lower court exceeded the reasonable scope of discretion because it is too unhued.

It does not appear.

(c)

Therefore, the argument of sentencing 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 grounds that the appeal is without merit. It is so decided as per Disposition.