The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the lower court (a fine of 12 million won) is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Defendant, even though having been punished twice due to drunk driving, once again drives under the influence of alcohol, and the fact that blood alcohol concentration is high is disadvantageous.

However, there seems to be circumstances to take into account the fact that the defendant led to the confession and reflect of the crime, the driving distance is not less than 20 meters, and according to the rules of employment of the company where the defendant works, if he is sentenced to imprisonment without prison labor or heavier punishment, it constitutes grounds for dismissal. In full view of the fact that the defendant is extremely harsh to the defendant, and other various sentencing conditions such as the defendant’s age, character and behavior, family environment, motive for the crime, and circumstances after the crime, even if the prosecutor considers the circumstances that are favorable to the grounds for appeal, it is difficult to deem that the lower court’s punishment is too unreasonable because it goes beyond the 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.