A. The sentence imposed by the lower court on the Defendant (the penalty of KRW 10 million) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. There are extenuating circumstances, such as the fact that the defendant recognizes the crime and reflects on the defendant, the fact that the defendant has no criminal record of a fine exceeding five years for the same crime, the fact that the defendant disposes of the vehicle driven by the defendant, and there are family members to support the defendant;

On the other hand, there is a history that the Defendant was sentenced four times to a four-time fine due to drinking driving, the Defendant was released from prison labor for six months due to forced indecent act on February 22, 2017, and the Defendant was forced to drive the instant drinking on February 22, 2017. The Defendant’s blood level was considerably higher than 0.185% at the time, and the driving distance was not shorter than 700 meters, and the Defendant had a number of different criminal records, such as punishment, etc.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, circumstances before and after the commission of the crime, and various conditions of sentencing as shown in the instant records and pleadings, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. As such, the appeal filed by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.