The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the Defendant was punished once due to drunk driving, and that there is no agreement with the victim of the larceny crime, etc., the sentence of the lower court is too uneasible and unreasonable.

2. Since the current Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has a unique area in the sentencing determination, it is reasonable to respect the sentencing determination in cases where there is no change in the conditions of sentencing compared to 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). Considering the circumstances asserted by the prosecutor as an element of sentencing unfavorable to the defendant in the grounds of appeal, the lower court’s punishment is deemed reasonable and unreasonable in light of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., including the circumstances in which new sentencing materials that may change the lower court’s punishment were not added in the trial, etc.

3. The prosecutor's appeal of conclusion 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.