The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence for one year of imprisonment) is too unhutiled and unfair.

2. In a case where there is no change in the terms and conditions of sentencing compared to 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Although the Defendant was punished by a fine due to driving under drinking, he/she once drives a cargo vehicle without a driver’s license under the influence of alcohol concentration of 0.186% while driving the vehicle in the blood.

The defendant, at the time of wintering a new wall, was able to set up and cut off the cargo onto the Handop on the road which is highly divided in the center, and there was a risk of a large traffic accident.

However, the defendant shows his attitude to repent of his mistake, and there is no same record in addition to the punishment of a fine for driving under drinking once in the past, and there is no record of the punishment of imprisonment with prison labor or heavier punishment for other crimes.

The court below sentenced the above punishment against the defendant in consideration of the above favorable or unfavorable circumstances to the defendant.

In addition, even if the materials submitted in the trial of the party are considered, there is no meaningful change in the conditions of sentencing compared with the court below.

In addition, considering the Defendant’s age, sex, intelligence and environment, health and property status, family relation and social ties, motive, means and consequence of the crime, etc., the sentencing of the lower court does not seem to be unfair as it goes beyond the reasonable scope of discretion, and it does not seem to be unfair as it goes beyond the reasonable scope of discretion.

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.