The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, the community service order 200 hours, the order to attend a law enforcement lecture 40 hours) is too uneasy and unreasonable.

2. Determination

A. According to the Korean Criminal Procedure Act, which takes the principle of trial-oriented and directness, there exists an area unique to the first deliberation on sentencing in light of the fact that the sentencing exists in the appellate court’s ex post facto nature, etc., if there is no change in the conditions of sentencing compared to the first instance court, and the first instance 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 (B) The instant crime is deemed to have been revoked by the Defendant’s driver’s license; the instant crime was driven while under the influence of 0.077% alcohol level among blood alcohol level; the Defendant was punished three times by drinking (two times a punishment, two times a suspension of execution, one time a suspension of execution), and in particular, the Defendant committed the instant crime during the suspension of execution and protection period.

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, the Defendant recognized the error of the lower court and reflects against the Defendant, and the Defendant did not cause any other damage, such as traffic accidents, etc. due to the instant crime, and the Defendant disposed of the vehicle used for the instant crime, and taking into account the Defendant’s age, sexual behavior, environment, family relationship, motive and circumstance of the crime, means and consequence, and other various sentencing conditions as shown in the instant records and pleadings, such as the circumstances after the crime, etc., it does not seem that the sentence of

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor’s appeal is without merit, and thus, pursuant to Article 364(4) of the Criminal Procedure Act.