The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal (e.g., a fine of KRW 10 million) of the lower court is too uneased and unreasonable.

2. At the time of the instant judgment, it is recognized that the Defendant’s blood alcohol content is considerably high at 0.172%, the driving distance is considerable, the Defendant’s actual traffic accident occurred due to drinking driving, and the risk is realized.

However, it is recognized that the defendant led to the crime of this case and reflects the depth of the defendant, that is the first offender who has no criminal history, that vehicle operated by the defendant is expected to compensate the victims for damage due to motor vehicle comprehensive insurance, that the degree of injury of the victims is relatively relatively less severe, and that both victims have agreed with the victims in the original court. The original court determined the punishment in consideration of the above circumstances. It is reasonable to respect the case where there is no change in the conditions of sentencing compared with the first instance court, and the first instance court's sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the following circumstances, comprehensively taking into account the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances after the crime, it is difficult to deem the lower court’s punishment to be unfair because it goes beyond the scope of discretion and goes beyond the scope of discretion.

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.