The prosecutor's appeal is dismissed.

1. The lower court’s sentence (3,000,000 won) against the Defendant on the gist of the prosecutor’s appeal is unreasonable because it is too unfasible.

2. The crime of this case is deemed to have driven a car while under the influence of alcohol by the defendant, and the crime of this case is deemed to have been committed with heavy liability in light of the content of the crime, and the defendant committed the crime of this case without being aware of during the period of suspension of execution.

However, it is reasonable to respect the defendant's confession of the crime in this case and reflects his mistake in depth, the crime under the probation period is not the same crime, and the Korean Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, where there exists 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 sentencing of the first deliberation is not exceeded the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the defendant, which were recognized above, do not constitute a special change in circumstances that could change the sentence of the court below after the sentence of the court below was sentenced, and it does not seem that the sentence of the court below against the defendant is unfair because it is too unfeasible, considering the overall circumstances surrounding the sentencing specified in the arguments in this case, such as the defendant's age, sexual behavior, environment, etc.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.