A. The Defendant (unfair sentencing)’s punishment (amounting to 6 million won) by the lower court is too unreasonable.

B. The Prosecutor’s (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. On January 29, 2015, the Defendant was sentenced to a fine of KRW 4 million due to driving under the influence of alcohol. It is recognized that: (a) the Defendant committed a crime, such as driving under the influence of alcohol, etc. in the instant case after about four months thereafter; (b) the Defendant did not agree with the victim up to the heart; and (c) the alcohol concentration in the blood was 0.143% higher.

B. However, in full view of the following circumstances: (a) the Defendant led to the instant crime; (b) the lower court deposited KRW 2 million for the victim; (c) the degree of injury to the victim is minor; (d) the Defendant’s economic situation is not good; and (e) the Defendant’s age, background, and circumstances after the commission of the instant crime; and (b) the lower court’s punishment is too weak or unreasonable due to its gross negligence.

(c)

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.