The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of KRW 10 million) declared by the lower court is too unhued 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.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court rendered the above sentence against the Defendant taking into account the circumstances favorable to the Defendant, such as: (a) the Defendant had a history of having been punished by a fine due to a drunk driving or a traffic accident in the past; (b) it is recognized that the drinking alcohol level at the time of the instant case was in a state of drinking alcohol level of 0.122%; (c) the Defendant recognized the instant crime and again does not repeat the instant crime; (d) there was no history of having been sentenced to more severe punishment than a fine; and (e) there was no criminal history until after 2013; and (e) there was no other penalty power until now; and (e) the Defendant’s friendship group wanted to take care of the Defendant to prevent recidivism; and (e) there appears clear social relation, such as the Defendant’s current spouse and child support after divorce.

Even if the materials submitted in the trial at the court below were without significant changes in the sentencing conditions compared to the original court, and the sentencing conditions stated in the records of this case, such as the defendant's age, character and conduct, intelligence and environment, health and property status, family relationship and social ties, relation to victims, motive, means and consequence of the crime, etc., are not deemed unfair because the sentencing of the court below is excessively unreasonable beyond 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.