The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of seven million won) declared by the court below 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The fact that the Defendant was punished once by drinking driving in 2013 is an unfavorable circumstance.

However, in full view of the following factors: (a) the Defendant led to the confession and reflect of the crime; and (b) the instant crime has a considerable interval of time from the previous crime of drunk driving; and (c) the Defendant’s age, family relation, character and conduct, the details and content of the crime, blood alcohol concentration, driving distance, and circumstances after the crime, etc. as indicated in the lower court and the arguments at the trial; (b) even if considering the circumstances that the prosecutor was in the grounds of appeal, it is difficult to deem that the lower court’s sentence is too unjustifiable

3. Since the appeal by the prosecutor of the conclusion is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.