The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., a fine of KRW 20 million) of the lower court is deemed to be too uneased and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court solely on the ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(2) In light of the aforementioned legal principles, the Defendant’s blood alcohol concentration at the time of the instant case was very high by 0.176%, and the Defendant had the record of punishment for drinking driving in the past. However, even though the nature of the crime is somewhat weak, the Defendant’s mistake was seriously against himself/herself, the distance of drinking driving is relatively short, and the previous criminal records were committed around 2008, and the considerable period of time was excessive, the sentencing grounds favorable to the Defendant are partially recognized. Furthermore, the lower court determined the sentence by fully taking into account all the circumstances asserted by the Prosecutor as the grounds for appeal, and there was no change in sentencing conditions compared to the lower court’s submission of new sentencing data at the time of the instant case. In full view of all the records and the reasons for sentencing indicated in the instant case, the lower court’s judgment is not acknowledged to have exceeded the reasonable scope of discretion.

3. In conclusion, the prosecutor's appeal 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.