The prosecutor's appeal is dismissed.

The gist of the reasons for the prosecutor's appeal is that the sentence (12 million won) imposed by the court below on the defendant is too unfasible and unfair.

Therefore, it is reasonable to respect the prosecutor’s unfair assertion of sentencing on the premise of such legal doctrine in the case where: (a) there exists no change in the conditions of sentencing compared to the first instance court; and (b) the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). As in the instant case, there is no particular change in the sentencing conditions compared to the lower court; (c) the developments and circumstances after the driving of alcohol; (d) the degree of alcohol concentration in blood alcohol level; (e) the degree of punishment by drinking alcohol level; and (e) the degree of punishment by drinking alcohol level; and (e) the punishment history by driving alcohol level; (e) the Defendant does not have any other criminal history; and (e) the Defendant, while breaking the instant crime, does not stop such a crime again.

In full view of all the circumstances alleged by the prosecutor on the grounds of appeal, the lower court’s sentence is too unjustifiable, even if considering all the circumstances alleged by the prosecutor on the grounds of appeal, and thus, is deemed unreasonable beyond the reasonable scope of discretion, even if the lower court’s sentence should be reversed.

Therefore, prosecutor's assertion is without merit.

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