The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., a fine of 5 million won) imposed by the court below on the defendant is too uneased 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data to the Defendant in the trial, and the lower court did not seem to have exceeded the reasonable scope of discretion by comprehensively taking into account the factors revealed in the instant pleadings, including various circumstances considered in sentencing.

In particular, while taking into account the fact that the Defendant had been punished for a fine due to drinking driving two times or more, the lower court determined the Defendant’s punishment by taking account of the circumstances of the Defendant’s crime and the circumstances after the crime, etc. while taking into account the fact that the Defendant had been punished for a fine, which is highly likely to be subject to criticism in the second crime, it seems that the

As pointed out by the prosecutor, it is true that there is a question about the defendant's awareness of compliance with traffic regulations or possibility of recidivism. However, it is not likely that the court below's decision that selected the person who was sentenced to a fine in consideration of the specific circumstances confirmed by the defendant is extremely unfair.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal 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.