The prosecutor's appeal is dismissed.

1. The lower court’s sentence (six months of imprisonment, two years of suspended execution, and forty hours of lecture of compliance driving) on the summary of the grounds for appeal is deemed to be too uneasible and unfair.

2. Determination

A. In light of the fact that there exists an area unique to the first deliberation in relation to the determination of sentencing in accordance with the trial-oriented principle and the fact that the court of appeal ex post facto heart character, etc., if there is no change in the conditions of sentencing compared to the first instance court, and the first deliberation sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) The Defendant’s blood alcohol concentration is higher than 0.148%, the history of punishment for the same kind of crime is two times, and the same kind of crime is repeated within the short time.

However, the above circumstances were already launched during the oral argument of the lower court, and there was no special change in circumstances that could change the sentence of the lower court after the pronouncement of the lower judgment, and the Defendant would not re-confise such a mistake while putting in depth against the Defendant.

In full view of the following facts: (a) there is no history of punishment exceeding a fine imposed on the Defendant; (b) the Defendant’s age, sexual conduct, environment, means and consequence of the crime; and (c) various sentencing records and arguments, such as the circumstances after the crime, etc., the lower court’s punishment is too unfeasible and unreasonable.

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.