The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of seven million won) declared by the court below 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant was subject to criminal punishment of a fine of KRW 1.5 million for drunk driving in 2003 and 2008, and was subject to punishment of a fine of KRW 1.5 million for a non-exclusive driving, and the Defendant again committed the instant crime of drinking driving even for a non-exclusive driving.

However, the punishment of drinking driving was already conducted before 12 years, and the drinking driving of this case did not lead to a traffic accident.

At the time, blood alcohol concentration was not significantly high (0.042%) and the distance operated is relatively short (20m). Moreover, the motive of the crime that attempted to move the vehicle to a nearby repair store is also considered.

Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the court below, and comprehensively taking account of the defendant's age, occupation, reputation, character and conduct, health and property status, family relationship and social ties, and the motive, circumstance, means and consequence of the instant crime, etc., the sentencing of the court below is not deemed unfair because it goes beyond the reasonable scope of discretion, and is too unreasonable.

Therefore, 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.