The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of seven million won) declared by the lower court is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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). In light of the fact that the Defendant was punished twice due to drunk driving, and that the Defendant again committed the instant crime during the suspension of the execution of imprisonment with prison labor sentenced for non-licensed driving, etc., the Defendant’s liability for the instant crime is not easy.

However, the defendant's confession and reflect, and the distance of drinking driving of this case is relatively short, and the blood alcohol concentration of the defendant is not high.

On the other hand, the circumstance in which the prosecutor asserts the sentencing elements has already been discovered in the hearing process of the court below and sufficiently considered, and there is no particular change in the situation that is the condition for sentencing after the sentence of the court below.

Considering such circumstances and other factors as the Defendant’s age, character and conduct, environment, motive, appearance, and circumstances after the commission of the crime, the lower court’s sentencing was conducted within the reasonable scope of discretion, and cannot be deemed as being too unreasonable.

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.