The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (limited to imprisonment for one year, two years of suspended execution, probation, 120 hours of community service, and 40 hours of lecture) of the lower court is too unhued and unreasonable;

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and 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.

(Supreme Court Decision 2015Do3260 Decided July 23, 2015). As pointed out by the prosecutor, the Defendant, as a result of a drunk driving, again committed the instant crime during the period of suspension of drinking alcohol, has a high blood alcohol concentration to 0.180%, and the Defendant has a record of being punished several times or fines for the same kind of crime, and such crime is very serious.

However, the court below seems to have judged the above sentencing in consideration of the fact that the defendant reflects the defendant, the circumstances that may be taken into account, the age, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and all the conditions of sentencing as shown in the records and arguments of this case. Considering the above circumstances, the above judgment does not seem to have exceeded the reasonable limit of discretion.

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