The prosecutor's appeal is dismissed.

1. The sentence imposed by the lower court (six months of imprisonment, two years of suspended execution, and forty hours of lecture for compliance driving) on the summary of the grounds for appeal is deemed unreasonable.

2. Determination

A. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the principle of directness exists in the area unique to the first deliberation as to the determination of sentencing, and the fact that there is no change in the conditions of sentencing compared to 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). (b) The Defendant, even if he was sentenced two times as a crime of violating the Road Traffic Act (driving) and was sentenced two times to a fine, did not comply with the police officer’s legitimate demand for alcohol measurement, so it is recognized that there was a significant crime, and that the Defendant had the power to be sentenced to a suspended sentence due to a crime of violating the Road Traffic Act (licenseless Driving).

However, the above circumstances were already launched in the oral proceedings of the court below, and there was no special change in circumstances that could change the sentence of the court below after the decision of the court below was made, the defendant's mistake and reflects against the defendant, and about nine years have passed since the suspended execution was rendered, the defendant supports the wife and three minor children, and the defendant supports the defendant's age, sexual conduct, environment, motive, circumstance, means and consequence of the crime, and other various sentencing conditions specified in the records and arguments, such as the circumstances after the crime, do not seem to be unfair since the sentence of the court below is too uneasible.

Therefore, prosecutor's assertion is not accepted.

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