The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (six months of imprisonment) of the lower court is too unfilled and unfair (the Defendant also appealed against the lower judgment on January 26, 2017, but voluntarily withdrawn on February 1, 2017.

2. In light of the fact that the Criminal Procedure Act of Korea takes the principle of court-oriented trials and the principle of directness exists in sentencing, and that there exists an area unique to the first instance court’s determination of sentencing, and that there is no change in the conditions of sentencing compared to the first instance court, and that the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). In this case, in light of the following: (a) the Defendant’s blood alcohol level at 0.205%; (b) the Defendant’s blood alcohol level at 0.205% was seriously punished for the same kind of crime; (c) the Defendant was sentenced to suspension of execution for eight months after the judgment was issued for a period of suspension of execution for the violation of the Road Traffic Act; and (d) the lower court’s judgment should strictly punish the Defendant in light of the fact that the Defendant did not faithfully perform his/her previous sentence of probation and its sentencing.

Therefore, the prosecutor's improper argument of sentencing is without merit.

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.