The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (five million won of a fine) 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The blood alcohol content at the time of driving is relatively high to 0.245%, while there were many punishments, including the one-time punishment for drunk driving, the driving distance is short, and there is no special change in circumstances that could change the sentencing after the lower judgment, and in light of all the sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, the sentence imposed by the lower court is deemed appropriate and it is deemed unfair, and the Prosecutor’s aforementioned assertion is without merit.

3. In conclusion, 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.

However, pursuant to Article 25 (1) of the Regulations on Criminal Procedure, the following is added between the second and the tenth of the written judgment of the court below, and the following is corrected ex officio:

[1] Articles 53 and 55(1)6 of the Criminal Act for discretionary mitigation