The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. Under our criminal litigation law, which takes the trial-oriented principle and direct principle, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion (Supreme Court Decision 2015Do3260 Decided July 23, 2015). Although the Defendant had been sentenced several times of imprisonment with prison labor due to drinking driving or non-licensed driving, etc., he/she committed the instant crime during the period of repeated crime, although he/she was deemed to have committed the instant crime, the lower court appears to have determined the Defendant’s punishment differently, and there was no change in circumstances that may be considered in the sentencing after the sentence of the lower court, and the Defendant appears to have committed the instant crime, and the Defendant was found to have committed against the recognition of the Defendant’s blood content at the time of the instant crime. In full view of the following circumstances, the lower court’s age, sex, environment, motive and method of the instant crime, and the following circumstances, etc.

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.