The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a prison term of one year, a suspended sentence of two years, a probation, a community service for 80 hours, and a lecture for compliance driving for 40 hours) declared by the court below is too unfford 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 it.

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court sentenced the Defendant to the above punishment, taking into account the circumstances unfavorable to the Defendant, such as the following: (a) the Defendant’s mistake reflects the Defendant; (b) the traffic accident was not caused due to each of the instant driving; and (c) there was no record of having been punished by imprisonment; (c) the blood alcohol level at the time of the instant drinking driving; (d) the degree of blood alcohol level was considerably high; and (e) the refusal to measure the alcohol level was also high; (e) the Defendant had been suspended one time as a result of drinking driving and driving without a license; and (e) five times or more times as a fine; and (e) the Defendant had been subject to repeated crimes

Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the court below, and comprehensively taking account of the defendant's age, occupation, reputation, character and conduct, health and property status, family relationship and social ties, and the motive, circumstance, means and consequence of the instant crime, etc., the sentencing of the court below is not deemed unfair because it goes beyond the reasonable scope of discretion, and is too unreasonable.

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.