The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. Under our criminal litigation law, which takes the principle of trial-oriented and directness, there exists no change in the conditions of sentencing compared to the first instance court in the determination of sentencing, and where the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The fact that the Defendant, prior to the instant crime, has the past record of being subject to criminal punishment for violating the Road Traffic Act (unlicensed Driving) and for violating the Road Traffic Act (toxicing) prior to the instant crime, was disadvantageous to the Defendant. However, the lower court appears to have determined the Defendant’s punishment in full view of all the aforementioned circumstances. The lower court appears to have no special circumstance or circumstance that may be newly considered in sentencing after the sentence of the lower court, and in full view of all the circumstances that form the conditions for the pleadings and the records of the instant case, such as the Defendant’s character and behavior, environment, motive and consequence of the instant crime, the motive and consequence of the instant crime, etc.

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. It is so decided as per Disposition.