The prosecutor's appeal is dismissed.

1. The sentence (12 million won) declared by the lower court on the gist of the grounds of appeal is too unfased and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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). Although the Defendant had been punished for driving alcohol twice in the past, it is deemed that the Defendant committed the instant crime under the influence of alcohol concentration of 0.133% during blood alcohol while driving alcohol, and there is no risk of recidivism.

However, there is no reason to consider some of the motive leading to the instant crime, and there is also a view that the Defendant would not repeat the instant crime by voluntarily committing a special traffic safety education, or by selling a vehicle that he/she operated, while breaking his/her mistake.

The court below sentenced the defendant to the above punishment in consideration of the above favorable or unfavorable circumstances.

In addition, even if the materials submitted in the trial of the party are considered, there is no meaningful change in the conditions of sentencing compared with the court below.

In addition, considering the defendant's age, sex, intelligence and environment, health and property status, family relation and social ties, motive, means and consequence of the crime, etc., the sentencing of the court below cannot be deemed unfair as it goes beyond the reasonable scope of discretion, and it does not seem that the sentencing of the court below exceeded the reasonable scope of discretion.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.