The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the lower court (a fine of eight million won) 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.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The fact that the Defendant was punished twice by a fine due to drunk driving, and that the Defendant committed a crime during the period of repeated crime due to a dual offense is disadvantageous.

However, in full view of all the sentencing conditions, including the Defendant’s age, family relation, character and conduct, background and content of the crime, blood alcohol concentration, driving distance, and circumstances after the crime, which are revealed in the lower court and the trial proceedings, the Defendant’s punishment is too uneasy and unreasonable because it goes beyond the scope of discretion, even if the Prosecutor considers the circumstances that are in the grounds of appeal as the grounds of appeal.

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