The prosecutor's appeal is dismissed.

The court below's sentence (amounting to KRW 6,00,000) against the defendant in summary of the reasons for the prosecutor's appeal is too unfasible and unreasonable.

Judgment

The crime of this case is deemed to have driven a car while under the influence of alcohol by the defendant, and the circumstances unfavorable to the defendant are recognized, such as the fact that the responsibility for the crime is heavy in light of the circumstances and contents of the crime, and that the defendant has a variety of records of the same crime.

However, it is reasonable to respect the defendant's confession of the crime of this case and reflects his mistake in depth, the distance of the defendant's vehicle operated at the time corresponds to a relatively short distance of 300 meters, the defendant's family and work union fees seems to be clear in social ties of the defendant, such as the defendant's prompt withdrawal of the defendant's wife against the defendant. The Korean Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, has the unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The above unfavorable circumstances against the defendant, which were recognized, are too unfair if the defendant's punishment is too unfair, considering the circumstances that make it difficult to change the sentence of the court below due to changes in circumstances that could change the defendant's age, age, environment, etc.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.