The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment for a term of one year, two years of suspended execution, one hundred and twenty hours of social service, and forty hours of course) imposed by the court below is deemed to be too uneasible and unfair.

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). Based on the foregoing legal doctrine, the lower court determined the sentence by comprehensively taking account of the following circumstances (such as: (a) as indicated in its reasoning, the Defendant was punished three times by a fine for drunk driving, etc.; (b) the Defendant was punished by imprisonment for six months with prison labor for refusal to measure drinking in 2017; (c) the instant crime was committed during the pertinent grace period; (d) the level of drinking alcohol at the time of the instant drunk driving was considerably high to 0.128%; (c) the Defendant would not repeat the offense; and (d) the Defendant would support his/her family members.

In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and even considering the Defendant’s age, character and conduct, environment, motive and means of crime, circumstances after the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion because it is too unfasible, even if the lower court’s sentencing was considered in light of all of the conditions of sentencing

The prosecutor's assertion is without merit.

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